Important Issues Courts Consider When Deciding Child Custody

 Posted on September 29, 2023 in Family Law

Child custody cases (referred to as allocation of parental responsibilities under Illinois law) are among the most emotionally charged and legally complex issues that courts must deal with. When deciding child custody, judges make the best interests of the child the priority in that decision. In order to make that determination, the following are the most important factors the court considers. For more details about your situation, contact an

Determining the Child's Best Interests

The number one concern in any child custody case is the child's well-being and best interests. The court’s goal is to ensure that the child's physical, emotional, and psychological needs are met to promote their healthy development. To determine what serves the child's best interests, judges consider several key factors:

• Child's age and developmental stage – The age and developmental stage of the child play a significant role in determining custody. Younger children often require more consistent care, while older children may have their own preferences considered.

• Stability and continuity – Courts generally favor arrangements that provide stability and continuity in a child's life. This includes factors like maintaining consistent school attendance, extracurricular activities, and relationships with friends and family members.

• Emotional and physical health – Judges look at each parent's ability to provide a safe and nurturing environment for the child. They consider any history of abuse, neglect, or substance abuse and the parent's willingness and capability to meet the child's emotional and physical needs.

• Parental fitness – The court evaluates the physical and mental health of each. This assessment may involve interviews, psychological evaluations, and expert testimonies.

• Child's preferences – Depending on the child's age and maturity, their preferences may be considered. Older children often have a say in custody arrangements, but the weight of their input may vary by the circumstances of the case.

Parental Capacity and Cooperation

Another crucial factor in determining child custody is the capacity and willingness of each parent to co-parent effectively. Courts encourage parents to work together and put their differences aside for the best interests of their child. Factors the court may consider are:

• Parenting skills – The court evaluates each parent's ability to provide a stable, nurturing, and supportive environment. This includes assessing their involvement in the child's education, healthcare, and extracurricular activities.

• Communication and cooperation – Judges assess the parents' ability to communicate and cooperate in making important decisions regarding the child's upbringing, such as education, religion, and healthcare.

• History of parental conflict – The court may consider any history of parental conflict, including instances of domestic violence or hostility, as it can impact the child's emotional well-being and safety.

• Willingness to encourage the child's relationship with the other parent – Courts typically favor arrangements that allow the child to maintain a healthy relationship with both parents unless there are compelling reasons to limit or restrict contact.

Environmental and Logistical Considerations

Courts also consider various logistical and environmental factors when determining child custody:

• Location of parents – The proximity of parents to each other and the child's school, friends, and community can influence custody decisions. Courts look to minimize disruptions to the child's daily life.

• Stability of living arrangements – The stability of each parent's living situation, including their residence, neighborhood, and support network.

• Work schedules and childcare arrangements – The parents' work schedules and their ability to provide adequate childcare during their parenting time are evaluated.

• Special needs or considerations – If the child has special needs or unique circumstances, such as medical conditions or educational requirements, the court will consider which parent is better equipped to meet those needs.

Contact a DuPage County Family Lawyer

If you are involved in a child custody case, make sure you have a skilled Lombard, IL child custody lawyer advocating for you and protecting your parental rights. Call Mevorah & Giglio Law Offices at 630-932-9100 for a free consultation.