Divorce Illinois Custody

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Factors considered by the court in Divorce Illinois Custody

The law in Illinois mentions the below listed factors for the benefit of the court handling a child custody case.

• The readiness and capacity of each parent, to inspire and promote a close and long lasting relationship between the minor child and the parent
• Whether a potential custodial parent had threatened the child with physical violence or has been guilty of the same? Whether any sort of abuse is presently in progress?
• The physical and mental health of both the parents and all their children
• The adjustment of the child under question in the community, school and at home
• The interrelationship and interaction of the child with his/her siblings, father, mother and other individuals he/she has contact with
• The desires of the minor child
• The wishes of the parents: If the parents draft a custody arrangement and the court feels that this arrangement is not in the best interests of the child, the court cannot be compelled to enforce this arrangement

Some types of Divorce Illinois Custody

Shared Custody

• The child spends almost equal periods of time with each parent
• This plan usually works well when one week with the father is followed by one week with the mother and so on
• Two weeks with each parent plan also fosters stable, solid and good family relationships
• However, if the duration is more than 2 weeks with each parent, this is not the best arrangement for the child. The reason is that in longer durations the child becomes conversant with the habits, rules and plan of one household. At every transition, the child needs to reorganize his/her life
• There are examples in which ex spouses try out a one month or even six months cycle. As per the previous reasoning, this arrangement usually leads to confusion for the child

• This implies separation of the siblings
• One of the examples is that "boys should stay with their father" while "daughters should reside with their mother"
• The courts do not favor this sort of custody plan. However, if the parents agree with each other and the court concludes that there is some reasoning for the separation, then the court enforces this arrangement
• Irrespective of how the siblings are separated, the parents must decide, who would have the decision making power of each child

The law in this state allows the child to speak with the judge and share his/her thoughts directly regarding with which parent the child would like to reside. This talk takes place in the judge's chambers wherein the court reporter, the judge and the child are present. The parents are not permitted, and they have to sit in the courtroom. The divorce lawyers of the parents have the option to enter the chambers or wait in the courtroom.

The child must be of adequate age to make a preference. In one case, the testimony of a 14 year old child rocked the case successfully. In another case, the child was of 8 years but was relatively mature. A 9 year old child's request was denied by the court, but was reversed on appeal. However, if the child is 2 to 3 years old, the judge refuses to talk with them.

It is not binding on the court to interview the child. Parents are not empowered with a right to have their child interviewed. The judge uses his/her discretion regarding whether to conduct such an interview. The judge decides how to interrogate the child and what should be the topics discussed.

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