Child Custody and Visitation Attorney in Naperville, Illinois
How does the court determine child custody in an Illinois divorce case?
How does the court determine child custody in an Illinois divorce case?
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In Illinois, the term “custody” has been replaced with two concepts: “parenting time,” which was previously called visitation, and “allocation of parental responsibilities,” which refers to decision-making authority. Allocation of parental responsibilities concerns which parent will make decisions regarding the child’s education, healthcare, religion, and extracurricular activities. These decisions may be made solely by one parent or jointly by both. Parenting time, on the other hand, refers to the schedule of time the child spends with each parent.
When determining what is in the child’s best interest, both for parenting time and the allocation of parental responsibilities, the analysis involves about 15 factors as outlined in the statute. The most important considerations include the wishes of the parents and the child, keeping in mind the child’s age, maturity, and ability to understand the situation. The court will also consider factors such as any history of domestic violence, the child’s adjustment to their school and community, and the parents’ efforts to facilitate a close relationship between the child and the other parent. Parental alienation, where one parent prevents or discourages a relationship with the other parent, is also a significant factor the court will evaluate. These are among the primary considerations, although the court may take additional factors into account as well.
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Naperville, IL family law attorney Jessica Defino discusses how the court determines child custody in an Illinois divorce case. She explains that in Illinois, the terminology for child custody has changed. The term “custody” has been replaced with “allocation of Parental Responsibilities,” while “visitation” is now referred to as “parenting time.” However, many people still commonly use the word “custody” for simplicity.
Allocation of Parental Responsibilities pertains to determining which parent will make decisions regarding the child’s education, healthcare, religion, and extracurricular activities. It involves determining whether one parent will have sole decision-making authority or if both parents will make decisions jointly. Parenting time, on the other hand, refers to the schedule and time spent with the child.
When determining the best interests of the child regarding both parenting time and allocation of parental responsibilities, the analysis is similar. The statute outlines around 15 factors to consider. Some of the key factors include:
The parents’ preferences and wishes.
The child’s wishes, considering their age and maturity level.
The child’s ability to understand and cope with the situation.
Any history of domestic violence between the parents.
The child’s adjustment to their school and community.
The parents’ facilitation of a close relationship between the child and the other parent.
Any instances of parental alienation or discouragement of a relationship between the child and the other parent.
While these factors are significant, the court may also consider additional relevant factors. However, the ones mentioned above are typically the primary considerations in determining parenting time and allocation of parental responsibilities.
