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The 9 Factors Chicago Courts Consider in Child Custody Cases

Attorney Patrick Sylvester Divorcing parents in Illinois should do everything possible to come to an agreement regarding Illinois child custody

However, if your spouse/former spouse is not being reasonable regarding the important issue of Illinois child custody, you need a  north suburban Chicago child custody and divorce lawyer who will AGGRESSIVELY represent you.
 

Most divorcing couples with children eventually agree upon a written plan for Illinois child custodychild visitation and child support

When the decision of  child custody  is left to the Illinois divorce court judges , those judges are required by Illinois family law to consider the following factors ...............
 

        1.    the wishes of the child’s parents;  

        2.    the wishes of the child;  

        3.    where the child has lived;  

        4.    the interaction and interrelationship of the child with parents, siblings, and others of significance;            

        5.    the child’s adjustment to his or her home, school and community;  

        6.    mental and physical health of all involved;  

        7.    physical violence or threat of physical violence by the potential custodian toward the child and others;  

        8.    occurrences of ongoing domestic violence; and  

        9.    the willingness and ability of each parent to facilitate and encourage a close and continuing relationship between the minor child and the other parent.     

Illinois divorce court judges seek to make  child custody rulings that are in the “ best interest of the child(ren).” 

When there is more than one child, Illinois divorce court judges tend to make decisions that will result in all of the children living together. 

Also, the older the child is, the more weight the Illinois divorce judge will give to the child’s desire regarding child custody.

Often, divorcing parents in Illinois are able to agree upon what is in the best interest of their child(ren) regarding child custody.  Their agreement is put in writing and included in the Joint Parenting Agreement, which is either a separate document or part of the Marital Settlement Agreement.  The terms of the  child custody agreement cannot be changed for 2 years unless there is a change in the physical, mental, or emotional health of the “custodial” parent, or if the child(ren) are in some sort of danger.  

There are two forms of  child custody recognized in  Illinois divorce law............... 

Physical Custody and Legal Custody.  Also, there is  Sole Custody and Joint Custody.  Those forms of custody are not mutually exclusive.  For instance, divorced parents might have shared legal custody, with one parent having sole physical custody.  Or, both divorced parents might have  shared physical custody and shared legal custody, for example.  
 

Physical custody refers to where the child(ren) reside(s) (i.e., primary home).  

Legal custody refers to the child(ren)’s daily upbringing, education, health care, and religious training. 
 

Chicago, Illinois child custody issues are often very difficult to resolve.  You should only work with a  Chicago child custody and divorce lawyer who has significant, first-hand experience with  Illinois child custody issues.  The  Wilmette, Glenview and Northbrook divorce and family law attorney of Sylvester Law Firm has such experience.    

You are welcome to call us at (847) 251 – 2999 to get answers to your important questions about  Illinois child custody and family law. 

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