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Criteria for Awarding Custody in Illinois

Findgreatlawyers.com is a free service, run by Illinois lawyers, to find an attorney or obtain guidance for any Illinois legal matter, including Illinois child custody cases. We are based out of Chicago, but are not just a place to find Cook County custody attorneys. We have a statewide network that helps people find the right attorney for their situation. The attorneys that we recommend are not free, but they all have a track record of success and we find them to be strong advocates for their clients. If you would like our help please call us at (312) 346-5320 or (800) 517-1614 or fill out our contact us form and we will contact you. For information on how Judges in Illinois determine who gets custody of a child in a family law case please read on.

The best interest of the child is always the main concern of the court in child custody cases in Illinois. Many factors are taken into consideration when determining custody and they are all looked at fully. No one factor is considered most or least important; all will be applied to determine the best interests of the child.

The following is a list of factors that can be taken into consideration:

  1. the wishes of the child's parent or parents as to his or her custody
  2. the wishes of the child as to his or her custody
  3. the interaction and interrelationship of the child with his parent or parents, his siblings and any other person who may significantly affect the child's best interest
  4. the child's adjustment to his home. School and community
  5. the mental and physical health of all individuals involved
  6. the physical violence or threat of physical violence by the child's potential custodian, whether directed against the child or directed against another person
  7. the occurrence of ongoing abuse as defined in Section 103 of the Illinois Domestic Violence Act of 1986, whether directed against the child or directed against another person
  8. the willingness and ability of each parent to facilitate and encourage a close and continuing relationship between the other parent and the child

Often when examining this criteria none of the factors point to one parent or the other. In that situation Illinois courts will usually look to which parent will provide the most stable environment to a child.

If you have any questions about Illinois child custody and family law or would like a referral to a family law attorney please do not hesitate to contact us. All inquiries are free and confidential.

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