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How does the court determine who gets custody?

On Behalf of | Jan 29, 2020 | Firm News |

Divorcing parents in Illinois will eventually have to deal with child custody matters. It is common for parents to disagree. Sometimes, it is impossible for parents to reach a mutual understanding. In these situations, the court will often make custody decisions for a family. But how do they do this? 

At the base of any court’s decision is one thing and one thing only. Will this decision benefit the child? The parents will always be a secondary consideration in the eyes of the court. Their decisions center around the child of the couple. They aim for choices that will provide the child with opportunities in the future. They aim for a healthy environment with growth opportunities, love and support. 

This means they will look into the history of both parents to make their decision. This can include a parent’s financial status, employment eligibility and current work situation. They will look at the parent’s relationship with the child. How close are they? If the child is old enough, do they have a preference for who they wish to live with? Is there any history of abuse directed at the child or someone else? 

Finally, courts will look into which options will have the smallest impact on the child’s life. For example, say granting custody to one parent would involve relocation. That might work against them. 

It is difficult for anyone to handle child custody matters. If you wish to read more about how courts may deal with them, visit our linked web page on child custody. You can learn about parenting time conflicts, custody battles and more.