Illinois Family Law: Best Interest of the Child Test for Visitation

Rincker Law Family/Matrimonial Law Leave a Comment

Everyone involved in a family law proceeding involving children has heard of the the “best interest of the child” test.  So what factors do Illinois courts consider for parenting time (or visitation)?

(A) the wishes of the child, taking into account
the child’s maturity and ability to express reasoned and independent preferences as to visitation;

(B) the mental and physical health of the child;

(C) the mental and physical health of the
grandparent, great-grandparent, sibling, or step-parent;

(D) the length and quality of the prior
relationship between the child and the grandparent, great-grandparent, sibling, or step-parent;

(E) the good faith of the party in filing the
petition;

(F) the good faith of the person denying
visitation;

(G) the quantity of the visitation time requested
and the potential adverse impact that visitation would have on the child’s customary activities;

(H) any other fact that establishes that the loss
of the relationship between the petitioner and the child is likely to unduly harm the child’s mental, physical, or emotional health; and

(I) whether visitation can be structured in a way
to minimize the child’s exposure to conflicts between the adults.

(Emphasis added).  750 ILCS 602.9(b)(5)

Cari Rincker is a trained mediator for child custody and divorce.  She also handles family law litigation.  These factors are discussed when children are involved in a divorce, separation or modification proceeding. 

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