Legal Question in Family Law in Illinois

Re: Child Custodial Rights

Yes. In Illinois the courts look solely to what is in the best interests of the child when determining custody. The parents' wishes and the child's wishes are only factors to be considered when determining custody. Thus, even if both parents come to an agreement regarding custody, if the agreement is contrary to what the court determines is in the best interests of the child, the agreement will not be followed. I point this out to illustrate how crucial the analysis is regarding the "best interests of the child." If the father can convince the court that the child's best interests would be promoted by giving him custody, he will have custody. If you are curious as to whether the mother is given any preference in custody determinations, the answer is no. The "tender years presumption", which had for the majority of the last century preferred mothers as custodians of young children in the absence of a showing of unfitness, was abolished over 30 years ago.

Certainly the father's financial and emotional support, as well as his home schooling of the child, will be strong factors in the court's determination of what is in the best interests of the child. The court will consider

1. the parents' wishes;

2. the child's wishes;

3. the interactions and interrelationships of the parents and child;

4. the child's adjustment to home, school, and community;

5. the mental health of all individuals;

6. the physical health of all individuals;

7. the occurrence of ongoing or repeated abuse to either the child or another person;

8. the ability of the parents to cooperate; and

9. the residential circumstances of each parent.

10. whether one of the parents is a sex offender.

This is not an exhaustive list but these are the factors listed in the Illinois Marriage and Dissolution of Marriage Act. There are of course many other factors that a court considers.

I hope this helps. If your friend would like a consultation regarding custody, please call my office.