Illinois Child Custody Laws
The court shall determine custody in accordance with the best interest of the child. The court shall consider all relevant factors including:
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- The wishes of the child's parent or parents as to his custody.
- The wishes of the child as to his custodian.
- 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.
- The child's adjustment to his home, school and community.
- The mental and physical health of all individuals involved.
- The physical violence or threat of physical violence by the child's potential custodian, whether directed against the child or directed against another person.
- The occurrence of ongoing or repeated abuse, whether directed against the child or directed against another person.
- The willingness and ability of each parent to facilitate and encourage a close and continuing relationship between the other parent and the child.
- Whether one of the parents is a sex offender
The court may enter an order of joint custody if it determines that joint custody would be in the best interests of the child, taking into account the following:
- The ability of the parents to cooperate effectively and consistently in matters that directly affect the joint parenting of the child. "Ability of the parents to cooperate" means the parents' capacity to substantially comply with a Joint Parenting Order. The court shall not consider the inability of the parents to cooperate effectively and consistently in matters that do not directly affect the joint parenting of the child.
- The residential circumstances of each parent.
- All other factors which may be relevant to the best interest of the child. Nothing within this section shall imply or presume that joint custody shall necessarily mean equal parenting time. The physical residence of the child in joint custodial situations shall be determined by: (1) express agreement of the parties; or (2) order of the court under the standards of this Section.
[Based on Illinois Compiled Statutes 750 - Chapter 5 - Section: 602]
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