If you and your spouse take your child custody case before the Illinois family law court, the judge will determine the outcome based on what he or she believes to be your child’s best interests. At Judith Trentman Wilson, Attorney at Law, P.C., our legal team assists parents in understanding the factors that the courts use so that they can attempt to handle the matter without relying on the decision of a judge.

The courts will listen to and place value on the wishes of the parents, so if you and the other parent can agree to a settlement, you may not have to worry about the judge’s decision. Per FindLaw, here are some other considerations that may contribute to the final custody outcome:

  • What your child wants (this consideration is contingent on your child’s age and maturity level)
  • Whether your child has any special needs, and if so, how you and the other parent are able to take care of those needs
  • Any mental or physical health issues you and the other parent have
  • Whether there are any problems with excessive discipline or emotional or physical abuse issues
  • The stability of each home environment, as well as continuity or lack of it (as in a relocation of one parent to another school district)

How you and the other parent approach religion, culture, education and contact with extended family can affect your child’s development and overall health. A judge will also look for any signs that either parent is trying to keep the other from having plenty of opportunities to maintain a healthy relationship with the child. More information about parenting time negotiations is available on our webpage.