The divorce court judge ordered that each parent would share residential responsibilities in caring for their child, Robert, at the marital residence. Robert was eight years old.
The house Robert would live in was where Robert had lived all of his life. Dad would have Robert in this home from Thursday night through Sunday of each week. Mom would then live with Robert in the same home from Sunday through Thursday afternoon of each week. The system was established by a mediation agreement between the parties.
In its ruling, the court considered many factors. They included 1) the statutory guidelines that permit joint custody of a child. 2) the guidelines that determine the best interests of the child.
The court gave a lengthy, in-depth analysis of relevant factor. It decided not to disrupt the already agreed upon system. It had been established by the parties. The trial court declared that each parent would share the residential responsibilities in caring for Robert.
Most notably, the trial court reasoned that both the parties had adjusted their lifestyles and work schedules. They had successfully set their personal differences aside for the best interest of their child. Mom appealed this ruling and many other rulings that the court had made.
The Appellate Court said that the Trial Court had made the right decision. Clearly, the Trial Court weighed the appropriate factors in making its determination.
IRMO Kic v. Bianucci, 2011 IL App (1st) 100622)