What Factors Do Illinois Family Courts Take Into Consideration When Making Child Custody Determinations?

In Illinois, we don't use the term "custody" anymore. Instead, we have bifurcated what used to be custody into "parenting time" and "parental decision-making". These two allocations are determined the same way, by considering the best interests of the child. The best interests of the child are determined by considering each of the following factors:

The wishes of the child. 750 ILCS 5/602.5(c)(1) and 750 ILCS 5/602.7(b)(2)

The child’s adjustment to his or her home. 750 ILCS 5/602.5(c)(2) and 750 ILCS 5/602.7(b)(6)

The mental and physical health of all individuals involved. 750 ILCS 5/602.5(c)(3) and 750 ILCS 5/602.7(b)(7)

Wishes of the parents. 750 ILCS 5/602.5(c)(7) and 750 ILCS 5/602.7(b)(1)

The child’s needs. 750 ILCS 5/602.5(c)(8) and 750 ILCS 5/602.7(b)(8)

The distance between the parents’ residences, the cost and difficulty of transporting the child, each parent’s and the child’s daily schedules, and the ability of the parents to cooperate in the arrangement. 750 ILCS 5/602.5(c)(9) and 750 ILCS 5/602.7(b)(9)

The willingness and ability of each parent to facilitate and encourage a close and continuing relationship between the other parent and the child. 750 ILCS 5/602.5(c)(11) and 750 ILCS 5/602.7(b)(13)

The physical violence or threat of physical violence by the child’s parent directed against the child or other member of the child’s household. 750 ILCS 5/602.5(c)(12) and 750 ILCS 5/602.7(b)(11)

The occurrence of abuse against the child or other member of the child’s household. 750 ILCS 5/602.5(c)(13) and750 ILCS 5/602.7(b)(14)

Whether one of the parents is a sex offender, and if so, the exact nature of the offense and what, if any, treatment in which the parent has successfully participated. 750 ILCS 5/602.5(c)(14) and 750 ILCS 5/602.7(b)(15)

Any other factor the court expressly finds to be relevant. 750 ILCS 5/602.5(c)(15) and 750 ILCS 5/602.7(b)(17)

Each parent needs to carefully consider each of the above factors and present to the court evidence that weighs in their favor. In disputes regarding parenting time and parental responsibilities, an Illinois divorce court will appoint a Guardian Ad Litem to independently investigate each factor by interviewing the parents, the children and any collateral witnesses (teachers, therapists, etc.)