Call or text to book a consultation with an experienced Custody Attorney

(815) 207-9570

Best Interests of the Child: How Child Custody Cases are Decided

When parents have a dispute over child custody, courts generally consider the “best interests of the child” factors in reaching a decision.  This is not just a simple consideration of “what is best” for the child, but a set of factors under Illinois law that a judge will examine when deciding how to arrange decision-making or parenting time between the parties. 

Decision-Making Best Interest Factors

When making a determination as to how to arrange decision-making responsibilities, among the factors a judge will consider include, but are not limited to, the following:

• The wishes of the child, taking into consideration the child’s maturity and ability to express reasoned and independent preferences as to decision-making;
• The child’s adjustment to his or her home, school, and community;
• The mental and physical health of all individuals involved, including the child and both parents;
• The ability of the parents to cooperate with decision-making for the child, or whether the level of conflict between the parents might affect their ability to share decision-making responsibilities;
• How much each parent participated in past decision-making responsibilities for the child;
• Any prior agreement or course of conduct between the parents relating to the decision making for the child;
• The wishes of the parents;
• The child’s needs;
• The distance between the parents’ homes, the cost and difficulty of transporting the child, the daily schedules of each parent and child, and the ability of both parents to cooperate in the parenting time arrangement;
• Whether a restriction on decision-making is appropriate under Section 603.10 (whether one parent acted in a way that seriously endangered the child’s physical, moral, mental health or emotional development);
• The willingness and ability of each parent to facilitate and encourage a close and continuing relationship between the other parent and the child;
• Any other factor that the court finds relevant.

750 ILCS 5/602.5(c)

A very common factor that is considered when a court decides whether to grant “joint” decision-making to both parents vs. “sole” decision-making to one party is the parents’ ability to effectively communicate about their child.  If the parents cannot get along with each other at all, and are unable to speak without erupting into arguments that go nowhere, a judge may be inclined to grant sole decision-making to one party. 

Parenting Time Best Interest Factors

The factors that a court will look towards when determining how to arrange a parenting time schedule (the schedule for when the child will be with each parent) are largely similar to the best interest factors for decision-making.  Among the factors include the following:

• The wishes of the child, considering the child’s maturity and ability to express reasoned and independent preferences as to the parenting time schedule;
• The amount of time each parent had participated in the child’s care-taking functions in the past 2 years before a case has been filed, or if the child is younger than 2 years, since the child’s birth;
• The relationship and interaction which the child has with his or her parents, siblings, or anyone else who may significantly affect the child’s best interests;
• The distance between the parents’ residences, the cost and difficulty of transporting the child, each parent’s and child’s daily schedules, and the ability of the parents to cooperate in the arrangement;
• The willingness and ability of each parent to place the needs of the child ahead of his or her own needs;
• Any other factor that the court finds relevant.

750 ILCS 5/602.7(b)

Common factors that are considered by judges in determining how to arrange a parenting time schedule include both parents’ work schedules, the school or activity schedules of the children, the distance between the parents’ homes, and the distance between the parents’ homes and the school.  

Every child custody case will have unique facts and result in different arrangements.  It is important to identify the factors that weigh in favor of each party, and those which weigh against them.  An experienced child custody attorney can help you develop a proposal and argument for a parenting time schedule that is tailored to the facts of your case.

If you are seeking professional representation in a child custody or visitation matter contact Navarro Family Law at (815) 207-9570 to schedule an initial consultation.  Attorney Michael Navarro has over 10 years experience resolving disputes over parenting time and decision-making in Will County, Dupage County, and Kendall County.