The Best Interests Of The Child

Children deal with difficult personal and emotional challenges when parents go through a divorce. When all is said and done, a large portion of their lives are decided in divorce proceedings. As a result, the court prioritizes the best interests of children involved in a divorce when determining child custody and parenting plan arrangements.

At Buffalo Grove Law Offices, an experienced lawyer can help you understand how child custody may be determined in your case and how to fight for the most favorable outcome possible for your family.

Discuss your case with divorce attorney Angela E. Peters by arranging a consultation. Our Arlington Heights family law firm can be reached online or by telephone at (847) 772-8579. We handle cases for clients throughout Illinois.

Child Custody Standard Is The Best Interest Of The Child

In determining the child’s best interest, the court considers all relevant factors, including:

  1. the wishes of the child’s parent or parents as to his or her custody;
  2. the wishes of the child as to his or her custodian;
  3. the interaction and interrelationship of the child with his or her parent or parents, his or her siblings and any other person who may significantly affect the child’s best interest;
  4. the child’s adjustment to his or her home, school and community;
  5. the mental and physical health of all individuals involved;
  6. the physical violence or threat of physical violence by the child’s potential custodian, whether directed against the child or directed against another person;
  7. the occurrence of ongoing or repeated abuse, whether it is directed against the child or directed against another person;
  8. the willingness and ability of each parent to facilitate and encourage a close and continuing relationship between the other parent and the child;
  9. whether one of the parents is a sex offender;
  10. the terms of a parent’s military family care plan that a parent must complete before deployment if a parent is a member of the US Armed Forces who is being deployed.

Custody Evaluation

Psychiatrists, psychologists and other mental health professional are regularly called upon to evaluate the parents and children in custody litigation, and to testify at trial as experts. Mental health professionals may testify as to how the best interests of the children will be best protected. Their testimony is not necessarily determinative for the court, but “may be properly considered with respect to whatever illumination it may provide to the court in identifying the best interests of the children”.

The court can seek the advice of professional personnel, whether or not they are employed by the court on a regular basis. The advice that is given shall be in writing and made available by the court to counsel. Counsel may examine, as a witness, any professional personnel consulted by the court, designated as a court’s witness.

The court may seek to learn the preference of the child in a custody proceeding although it does not have to do so. If the court chooses to interview the child, the court has the discretion to decide whether the testimony shall be heard in court or in the judge’s chambers. The judge’s chambers is often used to protect the child from a contentious battle between his or her parents in court.

YOU MAY NOT BE A SPRING CHICKEN, BUT YOU CAN STILL WORK

By Buffalo Grove Law Offices | July 21, 2021 | Comments Off on YOU MAY NOT BE A SPRING CHICKEN, BUT YOU CAN STILL WORK

Husband did not work regularly for a number of years.  Husband filed for divorce. He asked for permanent maintenance from Wife. Husband had attempted suicide. Later he went through psychiatric treatment. At trial, the parties agreed to terms for Husband’s ability to work. They agreed that he is not disabled.  They also agreed that he…

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SHOULD THE COURT WAIT FOR SOMETHING BAD TO HAPPEN TO A CHILD, BEFORE IT CHANGES CUSTODY?

By Buffalo Grove Law Offices | July 21, 2021 | Comments Off on SHOULD THE COURT WAIT FOR SOMETHING BAD TO HAPPEN TO A CHILD, BEFORE IT CHANGES CUSTODY?

Parties divorced.  Mother was awarded the custody of the child. Their son was then 10 months old. Four years later, Father filed for custody of the son.  The Court denied his petition.  Father appealed. Appellate Court properly considered changes in mother’s circumstances.   Father showed evidence of the emergence of her mental health issues.  A troubled…

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IS A CONVICTED CHILD SEX OFFENDER ENTITLED TO VISITATION RIGHTS?

By Buffalo Grove Law Offices | July 21, 2021 | Comments Off on IS A CONVICTED CHILD SEX OFFENDER ENTITLED TO VISITATION RIGHTS?

Father was convicted of a sex offense. With a minor child outside of Father’s family. The statute said that he could not get court-ordered visitation.  The law provided that a non-custodial parent who is a convicted child sex offender is not entitled to visitation rights.  Until he successfully completes his criminal sentence.  And “a treatment…

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NO, I AM NOT PAYING YOUR ATTORNEY FEES!

By Buffalo Grove Law Offices | July 21, 2021 | Comments Off on NO, I AM NOT PAYING YOUR ATTORNEY FEES!

Parties are divorced in Nevada. The Marital Settlement Agreement (MSA) stated that the winning party got their attorney fees paid by the other party.  This was in case of any later court activity. Parties often want this provision included. They hope that it will stop the fighting in court. The parties and their minor children…

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KNOW WHEN YOU NEED YOUR SIGNATURE NOTARIZED!

By Buffalo Grove Law Offices | July 21, 2021 | Comments Off on KNOW WHEN YOU NEED YOUR SIGNATURE NOTARIZED!

The Court was asked to change the custodian of bank accounts. The accounts belonged to Husband’s children. Husband had been the custodian. But, physician Husband was now in federal prison jail for 5 years for Medicare and healthcare fraud. He owed $13 million in restitution. The order was entered while Husband was in prison.   Husband…

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YOU CAN’T AGREE ON CERTAIN THINGS IN A PRENUPTIAL AGREEMENT  

By Buffalo Grove Law Offices | July 21, 2021 | Comments Off on YOU CAN’T AGREE ON CERTAIN THINGS IN A PRENUPTIAL AGREEMENT  

Mom filed a petition for dissolution of marriage.  Dad filed a motion for declaratory judgment.  The parties had a premarital agreement. Dad wanted the court to determine if the prenup was valid or not. The Trial court declared the premarital agreement was valid.  It was also enforceable. Dad filed a motion to reconsider. Dad did…

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