An explanation of the best interests of the child standard in Illinois divorces

Divorce can be a difficult and emotional process, particularly when children are involved. When parents are unable to agree on issues of custody and visitation, the court must step in and make a decision that is in the best interests of the child. In Illinois, the best interests of the child standard is the guiding principle that judges use to make custody and visitation decisions in divorce cases. In this blog post, we will explore what the best interests of the child standard means in Illinois and how it is applied in divorce cases.

What Is the Best Interests of the Child Standard?

The best interests of the child standard is a legal principle that is designed to protect the welfare and well-being of children in custody and visitation cases. Under this standard, the court must consider a variety of factors when making decisions about custody and visitation, including:

• The child's wishes, if the child is of a sufficient age and maturity to express their preferences

• The mental and physical health of all parties involved

• The level of cooperation and communication between the parents

• The ability of each parent to provide for the child's basic needs, such as food, shelter, and medical care

• The child's adjustment to their home, school, and community

• The level of conflict between the parents

• The history of abuse or violence between the parties

• The willingness of each parent to foster a positive relationship between the child and the other parent

These factors are intended to guide judges in making custody and visitation decisions that are in the child's best interests, rather than the interests of either parent.

How Is the Best Interests of the Child Standard Applied in Illinois?

In Illinois, the best interests of the child standard is the guiding principle that judges use when making custody and visitation decisions in divorce cases. This means that the judge will consider a variety of factors in order to determine what is in the child's best interests, and will make a decision that is tailored to the specific needs of the child and their family.

In order to determine the best interests of the child, the court may order a custody evaluation, which is an in-depth investigation into the child's needs and circumstances. The custody evaluator will typically interview the parents, the child, and any other relevant parties, such as teachers or medical professionals. Based on their investigation, the custody evaluator will provide the court with a recommendation for custody and visitation.

However, the judge is not bound by the custody evaluator's recommendation and may make their own determination based on the evidence presented in court. Ultimately, the judge's goal is to make a decision that is in the child's best interests, taking into account all of the relevant factors.

What Factors Does the Court Consider When Determining the Best Interests of the Child?

As noted above, the court considers a variety of factors when determining the best interests of the child in divorce cases. These factors are intended to guide the court in making a decision that is in the child's best interests, rather than the interests of either parent. Some of the factors that the court may consider include:

• The child's relationship with each parent: The court will consider the nature and extent of the child's relationship with each parent, including the emotional ties between the child and each parent, and the ability of each parent to provide for the child's needs.

• The child's adjustment to their home, school, and community: The court will consider the child's current living situation, including their home, school, and community, and the impact that any custody or visitation arrangement may have on the child's stability and sense of security.

• The mental and physical health of all parties involved: The court will consider the physical and mental health of each parent, as well as the child, and how any custody or visitation arrangement may impact the health of any party involved.

• The level of conflict between the parents: The court will consider the level of conflict between the parents, including their ability to communicate and cooperate with one another, and the potential impact that any custody or visitation arrangement may have on the level of conflict between the parents.

• The willingness of each parent to promote a healthy relationship between the child and the other parent: The court will consider each parent's willingness to encourage and promote a healthy relationship between the child and the other parent, and the potential impact that any custody or visitation arrangement may have on the child's relationship with each parent.

• The history of abuse or violence between the parties: The court will consider any history of abuse or violence between the parents, and the potential impact that any custody or visitation arrangement may have on the safety and well-being of the child.

• The child's wishes, if the child is of a sufficient age and maturity to express their preferences: The court will consider the child's wishes regarding custody and visitation, taking into account the child's age, maturity, and ability to express their preferences.

• Any other factor that the court deems relevant: The court may consider any other factor that they deem relevant to the best interests of the child, including the child's cultural background, the child's relationship with siblings or other family members, and any other factor that may impact the child's physical, emotional, or educational well-being.

In conclusion, when making decisions about custody and visitation in divorce cases in Illinois, the court is guided by the best interests of the child standard. This means that the court must consider a variety of factors when making decisions about custody and visitation, including the child's relationship with each parent, the child's adjustment to their home, school, and community, and the level of conflict between the parents. By considering all of these factors, the court is able to make a decision that is tailored to the specific needs of the child and their family. If you are going through a divorce and have questions about custody and visitation, it is important to work with an experienced family law attorney who can help you navigate the legal system and protect the best interests of your child.