The Northern Star in Illinois child custody and divorce proceedings is “best interest of the children.” That principle underpins every decision the family court makes in this area, from parenting time to child support to scheduling provisions. All good parents share this same overriding concern and they want the best for their children. However, good parents also differ as to what is, and is not, in the children’s “best interests.”
Many states have a boilerplate parenting plan that is presumed to be in the child’s best interests, but Illinois does not have such a default program. Instead, the shared parenting arrangement is completely a case-by-case matter based on the family’s current circumstances.
Determining Best Interests
That being said, the Illinois Marriage and Dissolution of Marriage Act does list fifteen factors to determine best interests. Some of the more significant ones include:
- Children’s Wishes: As a rule of thumb, the older the children are, the more weight the judge gives to their wishes. The preference may be in writing, but many judges prefer to interview the children privately, either with or without any attorney ad litem that has been appointed.
- Party’s Co-Parenting Ability: Some attorneys are extremely aggressive and never agree to anything. But this strategy is always counterproductive because in the eyes of the judge, DFCS evaluator, and any other third party, such an approach is evidence that the parent will try to deny the other parent’s rights, if given the opportunity.
- Status Quo: Family court judges like stability and hesitate to make drastic changes in terms of residence or visitation unless such moves are clearly justified by the facts.
Verified allegations of domestic violence also have a great bearing in this area, and “domestic violence” is very broadly defined in terms of actions and victims.
The Parenting Plan
In most cases, the parties have 120 days to submit an agreed parenting plan for approval. For the most part, these plans follow an every other weekend, every other holiday, and summer visitation plan that results in about a 70% to 30% time ratio. That plan must include provisions for:
- Legal Custody: Decision making, for issues like school attendance and religious upbringing, must be “allocated” between the parents. To (hopefully) obviate future disputes, the divorce decree often settles these matters in advance, with provisions like “the children shall be raised Jewish” or “the children shall attend a Catholic school.”
- Physical Custody: The plan can either include a daily calendar or a clearly set forth formula.
- Details: These items include pickup and drop-off instructions, contact information, electronic communication provisions, transfer of the children’s personal belongings, and other such matters. While some of these things may be considered minutiae, each one could trigger a future legal, physical, and/or emotional confrontation that no one really wants.
The parenting plan must also address childcare provisions and a right of first refusal for the noncustodial parent.
Strong Advocates in Court
The attorneys at Glasgow & Olsson are ready to protect your vision of the children’s best interests in a divorce proceeding. Contact our Schaumburg office today for a confidential consultation.