When parents separate or divorce, issues related to where the child will live and who will make decisions for the child can be difficult to resolve. In some cases, one parent may be unable to provide care for the child, whether due to addiction, mental illness, incarceration, or other factors. In such situations, the other parent may wish to be the primary caregiver for the child, making all the important decisions regarding the child and having 100% of the parenting time.
Best Interest of the Child Standard in Illinois
In Illinois, courts make these important decisions based on the best interest of the child. The best interest of the child standard is a legal standard used in family law cases to determine the parenting arrangement that will be most beneficial for the child involved. The best interest of the child standard requires the court to consider all relevant factors, including the child’s physical, emotional, and educational needs, the parents’ wishes, and the child’s relationship with each parent.
Factors the Court Considers in Granting Full Custody
When deciding whether to grant full parental responsibility and parenting time to one parent over the other, the court will consider several factors. These factors include:
- The child’s physical and emotional needs.
- Each parent’s ability to provide for the child’s needs, including food, shelter, medical care, education, and emotional support.
- The child’s relationship with each parent, including the strength of the bond between the child and each parent.
- Each parent’s willingness and ability to facilitate a positive relationship between the child and the other parent.
- Any history of domestic violence or abuse, either against the child or the other parent.
- The child’s adjustment to home, school, and community.
- The mental and physical health of each parent.
- The child’s preferences, if the child is old enough and mature enough to express a preference.
- Any other relevant factors.
Child’s Wishes and Preferences
In Illinois, the court may consider the child’s wishes and preferences when determining parenting time and responsibility, but the weight given to the child’s wishes depends on the child’s age, maturity, and ability to express a reasoned preference. The court will not automatically grant custody to the parent preferred by the child. Instead, the court will consider the child’s preferences along with all other relevant factors in determining the best interest of the child.
Assistance from Attorneys at Glasgow & Olsson
Fighting over parenting time for your child can be complex and emotional. The attorneys at Glasgow & Olsson have experience in handling family law cases in Illinois and can provide valuable assistance to parents seeking full parental responsibility for their children.
The attorneys at Glasgow & Olsson will begin by reviewing the specific circumstances of the case, including the child’s needs, the parent’s ability to provide for those needs, and any other relevant factors. They will work with the parent to develop a strategy for obtaining full custody that takes into account the best interest of the child.
The attorneys at Glasgow & Olsson can also assist parents in negotiating an agreement with the other parent, which can be less adversarial and less costly than going to court. If necessary, they can represent the parent in court proceedings and argue for full parenting time based on the best interest of the child standard. When you need an attorney, experience matters. Contact us now for a confidential and comprehensive consultation. We have your child’s best interest at heart.