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What You Need to Know about Child Custody in Illinois

By Leslie Fineberg on June 8, 2015

In Illinois, child custody is determined after considering the best interests of the child. In many cases, a judge has jurisdiction to step in and determine custody rights for the parents. This can happen if one of the parents moves to another state or moves back from out of state. The child’s place of residence and home state will determine if an Illinois judge has jurisdiction.

There are many factors that can affect how a judge will award custody. Here are just a few examples that could have an impact on whether or not you or your ex will receive primary custody of the child:

• The wishes of the parents
• The wishes of the child
• The relationship the child has with each parent and other siblings
• The health of everyone involved
• Where the child currently goes to school
• If there has been any cases of domestic violence

It is important to remember that there are different types of custody in Illinois. Legal custody is the right to make decisions for the child, such as where the child will go to school and church. Physical custody is where the child lives.

In general, the court will review the current situation of the child to determine if the status quo is acceptable. If the child is doing well and is well-adjusted, the court may try to preserve the current living situation. Furthermore, the court may try to keep siblings together.

It is important to remember that not all decisions are final. If one of the parents wishes to move or if something has happened that has affected the child’s quality of life, it may be possible to change the child custody agreement. However, it can prove difficult to make changes, so it is best to have proper legal guidance early on in the process of determining custody. Please contact an experienced Chicago child custody lawyer at Nottage and Ward, LLP who can help determine the best course of action.