How Is the Child’s Best Interest Determined in an Illinois Divorce Case?

Aurora, IL family law attorneyThere is no one definition that is used when you talk about the “best interests of the child” during divorce cases. What may be right for one child is not always right for another child. Illinois courts understand this, which is why when it comes to child-related issues, a variety of factors are used to determine the best course of action. During divorce cases, decisions must be made about parenting time and the allocation of parental responsibilities, which are both child-centered issues. The main goal of the courts is to ensure that the child’s safety and overall well-being is placed at the top of the list of priorities.

Factors Used in Deciding the Child’s Well-Being

In many Illinois divorce cases, parents can lose sight of what is truly best for their child. This is when a judge may step in and help parents decide certain issues. Each divorce, family, situation, and child is unique. When judges are making these decisions, they base their determinations on the child’s age and needs, along with these factors:

  • The physical safety and well-being of the child, including the child’s access to food, shelter, clothing, and healthcare

  • The development of the child’s identity

  • The child’s background, including familial, cultural, and religious ties

  • The child’s sense of security and familiarity

  • Where the child feels loved and valued

  • The wishes of the child and his or her long-term goals

  • The ties the child may have to the community, including the child’s friends, church, and school

  • The child’s need for permanence, including stability and continuing relationships with his or her parents, siblings, and other relatives

  • The unique situation of the child and his or her family

  • The preferences of each parent

Contact a DuPage County Divorce Lawyer

It is not uncommon for a divorce to be contested or combative. When this happens, parents may lose sight of what is most important in the divorce: the well-being of their child. At the Law Office of Matthew M. Williams, P.C., we can help you throughout your divorce, including when it comes to making important decisions regarding child-related issues such as the allocation of parental responsibilities parenting time. Let our compassionate Aurora, IL family law attorneys guide you and your family through this tough transition. Call our office today at 630-409-8184 to schedule a consultation.

Sources:

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=070504050HArt%2E+I&ActID=1863&ChapterID=50&SeqStart=100000&SeqEnd=2300000

https://www.childwelfare.gov/pubpdfs/best_interest.pdf

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