How Are Disputes Over Child Custody Resolved in Illinois?

 Posted on February 28,2023 in Child Custody

When determining how to handle issues related to child custody in the state of Illinois, parents are usually encouraged to attempt to share custody. Parents can work together to create a parenting plan that fully details all of the legal and physical custody decisions for the child. If they are unable to negotiate terms that they both agree with, then they may be required to participate in court-ordered mediation. In these situations, a certified mediator will help the parents communicate, negotiate, and attempt to find agreements that will work for both of them. 

If disagreements cannot be resolved through mediation, then the court will make the ultimate decision. These decisions will address both physical and legal custody. Legal custody, known as the allocation of parental responsibilities, determines how parents will make the major decisions in the child’s life. Physical custody, known as parenting time, will determine when children will spend time with each parent in their day-to-day life. When how legal and physical custody of a child will be divided between parents, the court will first and most importantly consider the best interest of the child. Several different factors will be considered when making these decisions. 

Legal Custody 

When the court is determining how parental responsibilities will be allocated between parents, the following factors will be considered: 

• The wishes and needs of the child 

• The parents’ wishes 

• Any previously made agreements 

• Each parent's participation in their child's life

• The physical and mental well-being of each parent 

• How the child is adjusting to their environment 

• How well parents can work together when making decisions for their child 

• Whether each parent will support positive relationships between their child and the other parent

• How far the parents’ homes are from each other and how this affects their child 

• Whether either parent has endangered their child’s mental or physical health, including if they have ever been physically violent with their child, have made any threats of violence toward the child, if there is any abuse within the household, or if a parent is a registered sex offender.

Physical Custody 

When the court is determining how parenting time will be divided between parents, the following factors will be considered: 

• The wishes and needs of the child 

• The parents’ wishes 

• What each parent wants when seeking parenting time 

• Any previously made agreements 

• How much time each parent has spent providing care for the child within the past two years 

• The physical and mental well-being of both the parents and the child

• How the child is adjusting to their environment 

• The child’s relationship with each of their parents and the adults around them 

•  Whether each parent encourages the child to have a relationship with the other parent

• The distance between the parents' homes

• Whether  each parent can prioritize their child's needs

• Whether restrictions on parenting time are necessary 

• Any history of physical abuse towards the child or any of the other household members by either parent, as well as any other types of abuse within the household

Contact a Kane County Child Custody Lawyer 

At the The Law Office of Matthew M. Williams, P.C., we understand how personal and difficult child custody battles can be. In these matters, we work to help our clients minimize emotional discord while focusing on the child’s best interests. Contact an Aurora family law attorney today at 630-409-8184 and set up an initial consultation. You do not need to go through this alone. 

Source: 

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2086&ChapterID=59&SeqStart=8300000&SeqEnd=10000000