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What Factors Are Considered in an Illinois Child Allocation Case?

By Leslie Fineberg on February 10, 2015

Child custody discussions often turn into child custody battles. When negotiations between parents fall apart, it’s up to the courts to step in and make decisions. It is common for disputed issues regarding joint custody, sole custody, and visitation rights to be decided in Illinois courts.

When determining where children should live and who should have custody, there are a number of criteria that factor into the decision. Under the Illinois Marriage and Dissolution of Marriage Act and the Parentage Act, the court may consider a number of factors including:

  • The wishes of the child regarding his or her preferred custodian.
  • The wishes of the parents.
  • The mental and physical health of the parents and the child.
  • The child’s adjustment to the homes, the school, and the community.
  • The relationship the child has with each parent.
  • The relationship that child has with his or her siblings and any other person who may affect the child’s best interest.
  • The potential for physical violence or threat of physical violence by the potential custodians.
  • Any occurrence of ongoing abuse against the child or against another person involved.
  • The willingness of each parent to encourage a close and continuing relationship between the child and the other parent.

After reviewing these factors, the court will determine if one parent will have sole custody or if both parents will have joint custody. Sole custody is when the custodial parent has full decision-making authority regarding important issues such as schooling, medical care, and religious upbringing.

Joint custody is when both parents have equal input in the major decisions that affect the child, but it does not mean that both parents have equal parenting time. In most joint custody cases, there is a residential custodian who has primary custody, but both parents are involved in major decisions.

If you are embroiled in a custody battle, make sure you have the right legal team fighting for the best interests of your child. Understanding the many factors that will affect your case is only the first step in getting custody of your child.

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Posted in: Child Allocation

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