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 custody (errrr, I mean the “allocation of parental responsibilities”)?
(1) the wishes of the child, taking into account the
child’s maturity and ability to express reasoned and independent preferences as to decision-making;(2) the child’s adjustment to his or her home,
school, and community;(3) the mental and physical health of all individuals
involved;(4) the ability of the parents to cooperate to make
decisions, or the level of conflict between the parties that may affect their ability to share decision-making;(5) the level of each parent’s participation in past
significant decision-making with respect to the child;(6) any prior agreement or course of conduct between
the parents relating to decision-making with respect to the child;(7) the wishes of the parents;
(8) the child’s needs;
(9) the distance between the parents’ residences, the
cost and difficulty of transporting the child, each parent’s and the child’s daily schedules, and the ability of the parents to cooperate in the arrangement;(10) whether a restriction on decision-making is
appropriate;(11) the willingness and ability of each parent to
facilitate and encourage a close and continuing relationship between the other parent and the child;(12) the physical violence or threat of physical
violence by the child’s parent directed against the child;(13) the occurrence of abuse against the child or
other member of the child’s household;(14) whether one of the parents is a sex offender,
and if so, the exact nature of the offense and what, if any, treatment in which the parent has successfully participated; and(15) any other factor that the court expressly finds
to be relevant.
(Emphasis added). 750 ILCS 5/602/5(c).
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.