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Factors That May Affect Child Custody Arrangements in Illinois

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Illinois divorce lawyer, Illinois family law attorney, parental rights,Like other states, Illinois family courts will aim to create child custody agreements based on the child’s best interests. According to the Illinois General Assembly, the courts may consider the following factors:

  • Parents’ wishes;
  • Child's wishes;
  • How the child has adjusted at home, at school, and in the community;
  • The physical and mental health of the child, as well as the health of the parents or legal guardian;
  • The parents’ history of threats or violence toward the child, or a different member of the family or household;
  • Each parent’s desire to encourage and support the relationship of the child with the other parent;
  • The criminal history of the parents;
  • If either parent will be actively involved in military; and
  • Witness testimonies.

The court may require an investigation of any witnesses who intend to testify.

Awarding Joint Custody

In Illinois, family courts may attempt to develop a joint-custody arrangement because this allows both parents to play an active role in the child’s life. There are several factors that can affect whether or not joint custody is ideal.

First, the home of each parent must be suitable for the child. There also should not be any factors that could prevent joint custody from being in the child’s best interests, such as a parent’s criminal history as a sex offender.

In Illinois, parents who seek joint custody must sign a Joint Parenting Agreement to establish the role of each in the child’s care. This includes a mediation clause that requires parents to mediate any disputes with the arrangement.

Visitation Rights

In Illinois, if the court grants custody only to one parent, the other parent usually has visitation rights. In some cases, though, the courts may not provide visitation rights.

For example, if the visitation may endanger the child physically, mentally, or emotionally, the court may not award visitation rights. The court may order that visits take place in a local facility, either public or private, to protect the child.

If you have questions about child custody in Illinois, contact an experienced DuPage County family attorney at 630-409-8184. The Law Office of Matthew M. Williams, P.C. has been helping families resolve family law issues for nearly a decade.

The Law Office of Matthew M. Williams, P.C.


1444 North Farnsworth Avenue, Suite 307, Aurora, IL 60505

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