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:
- the wishes of the child’s parent or parents as to his or her custody;
- the wishes of the child as to his or her custodian;
- 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;
- the child’s adjustment to his or her home, school and community;
- the mental and physical health of all individuals involved;
- the physical violence or threat of physical violence by the child’s potential custodian, whether directed against the child or directed against another person;
- the occurrence of ongoing or repeated abuse, whether it is directed against the child or directed against another person;
- the willingness and ability of each parent to facilitate and encourage a close and continuing relationship between the other parent and the child;
- whether one of the parents is a sex offender;
- 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.
Mother petitioned court for removal. She wanted to move with the minor child to New Jersey from Illinois. Court said ‘no’. The court considered a number of factors. No family members lived in or near New Jersey. Many extended family members live in or near Elgin. The court properly put the consideration of the child’s best…
Read MoreFather filed a Motion to Modify the Visitation Notice Provision. It was included in the parties’ agreement for divorce. The Trial Court denied Father’s motion. The notice provision said that Father had to give five days’ notice of any changes or cancellations. That is, unless there was an emergency. If he did not give the…
Read MoreThe parties were going through a very contentious divorce. Father was a basketball player. There was a large financial estate to consider. There were two minor children. Father filed a Motion to Bifurcate. He asked the court to grant the divorce first. Then the court could decide everything else later. Courts are reluctant to bifurcate…
Read MoreMother filed a Petition for Removal with the children to live in New Jersey. Her annual salary would increase to $475,000.00. The court noted that the home in which Mother and the children would live in New Jersey would be very similar to their home in Illinois. Mother’s commute would be very similar. The court…
Read MoreThe mother petitioned the court to move with the minor child to Ohio. She had been offered a career position there. The trial court granted a temporary removal. The court would make a final decision at the end of the divorce case. At the end of the case, the court denied the mother’s request. The…
Read MoreMom and Dad had a child, Ava. About a year later, mom later filed a Petition for Paternity and a Petition to Remove Ava from the State of Illinois. She wanted to move to Colorado. She was engaged to be married to a man who lived in Colorado. Dad wanted joint custody. He had been…
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