Child Custody Issues in Illinois: Keeping Best Interests in Mind

Divorce and other family law matters are rarely simple. When the matters at hand include disputes over child custody or visitation rights, it is important to keep the best interests of children in mind when determining how to proceed. When the court makes custody decisions for a family, it looks closely at specific criteria to evaluate what kind of custody placement is best for your child. If you and the child’s other parent are attempting to negotiate custody on your own, you can use these same factors to guide your decisions.

Determining What’s in Your Child’s Best Interests

Take a Holistic Look at Your Child’s Needs

Child custody is not automatically determined by the Illinois family court system. However, regardless of who is making custody decisions, it’s important to take an honest look at your parenting abilities, those of the other parent, and your child’s needs. You can use the factors the court considers during custody determinations as a starting point:

How Much Parenting Time Does Each Parent Want?

The wants of each parent might not seem relevant to the child’s best interests at first. However, it is in your child’s best interests to have caregivers who love them and are committed to them. If one parent does not want much (or any) parenting time, pushing them to accept more may actually be detrimental to your child’s well-being.

What Does Your Child Want?

Unfortunately, some parents will coach their young children to say they don’t want to live with the other parent. As a result, custody courts have to be cautious when taking a child’s preference into account. When you and the other parent are trying to negotiate a custody arrangement, don’t forget that your child is a person with their own wants and preferences, too. Make sure to take the time to talk to your child about their needs and wants.

What Connections Does Your Child Have With Their Existing School and Community?

When deciding on custody arrangements, don’t forget to think about the connections your child has outside of the family. Consider how a change in the custody situation could impact those connections. For example, if your child lives with you in a neighborhood where they can walk to school, it would likely be unfair and disruptive to require them to move several counties away just so your ex-spouse could have primary custody.

Coming up with a parenting plan can be challenging, but an experienced family lawyer can help. Call Wolfe & Stec today at 630-305-0222.

What Is the State of Everyone’s Mental and Physical Health?

Having a disability doesn’t automatically mean you can’t be a fit parent. However, if you or the other parent has a condition that affects the ability to parent, you should think carefully about whether you can meet your child’s needs. In a similar vein, you should weigh any physical or mental conditions your child has when making custody decisions. For example, if your child has a serious physical disability, traveling between two homes on a frequent basis may be extremely difficult.

How Logistically Complex Will Custody Exchanges Be?

If you and the other parent live far away from one another, consider the impact that the long travel time may have on your child. You should also make sure that you will be able to coordinate all of your schedules so custody exchanges don’t put an unnecessary burden on your child. Dealing with parents splitting up is already incredibly hard for a child — they shouldn’t have to give up a favorite activity, too.

Does Either Parent Pose a Risk of Abuse to the Child?

You want your child to maintain strong relationships with both you and the other parent — unless doing so puts them at risk of harm. These are some potential risk factors:

• A parent has been violent or otherwise abusive to the child.
• A parent has been violent or abusive to another person in your household.
• A parent is a registered sex offender.
• A parent lives with a registered sex offender.

In some cases, these risk factors may not be enough to outright deny a parent joint custody or visitation rights. For example, if the other parent has been abusive to someone other than the child, it might be acceptable to allow them supervised visitation or visitation in public places.

Are Both Parents Able to Foster a Healthy Relationship Between the Child and the Other Parent?

This is a criterion the court keeps in mind when deciding who should have custody of your child, but it’s a useful reminder for you and the other parent as you go through this difficult transition. No matter how acrimonious your relationship with your former partner may be, remember that the person is still your child’s parent — and your child deserves the opportunity to build a relationship with them.

Need Help Navigating a Custody Dispute?

Let Us Help You Find the Solution That’s Right for Your Family

In any family law dispute, tensions run high — and it’s all too easy for your emotions to get the better of you. However, child custody disputes are often the most stressful of all. Handling child custody issues is never easy, but when you work with an experienced family lawyer, you’ll have a knowledgeable guide who can help you and the child’s other parent work toward the main goal you have in common: the well-being of your child. Your child custody issues are important to us, and we will see to it that your children’s best interests are kept in mind as you strive to reach a fair resolution in your case.

Child custody issues are emotionally and logistically challenging, but we’re here for you. Call Wolfe & Stec at 630-305-0222 or get in touch via our online contact form to set up your free consultation today.