Experienced Central Illinois Child Custody Attorneys
Custody of minor children is often one of the most troubling and contested issues in divorce and paternity cases. Courts must determine custody issues based upon what is in the best interests of the child. Custody should not be decided on the parents’ wishes, which parent is in the “right” during the custody fight nor to punish one or both of the parents. The Illinois Marriage and Dissolution Act sets forth specific factors that the court must consider in awarding custody of minor children, though the courts may also consider any relevant factors. These specific factors are:
- The wishes of the child’s parent or parents as to his custody;
- The wishes of the child as to his custodian;
- The interaction and interrelationship of the child with his parents or parents, his siblings and any other person who may significantly affect the child’s best interest;
- The child’s adjustment to his home, school and community;
- The mental and physical health of all individuals involved;
- The physical violence or threat of physical violence by the child’s potential custodian, whether directed against the child or directed against another person;
- The occurrence of ongoing or repeated abuse as defined in Section 103 of the Illinois Domestic Violence Act or 1986, whether directed against the child or directed against another person;
- The willingness and ability of each parent to facilitate and encourage a close and continuing relationship between the other parent and the child;
- Whether one of the parents is a sex offender; and
- The terms of the parent’s military family-care plan that a parent must complete before deployment if a parent is a member of the United States Armed Forces who is being deployed. 750 ILCS 5/602 (2015).
Please contact the attorneys at Koepke & Hiltabrand to assist you with your custody dispute.