When navigating child custody cases in Illinois, it’s important to understand what a judge is looking for to help achieve the outcome you desire. The question “What do judges look for in a child custody case in Illinois?” perfectly captures the essence of a parent’s common concern as they try to seek a favorable outcome for their children. Seeking the legal guidance of a Naperville family law attorney can help secure the type of arrangement you are looking for.
Some of the most common areas a judge will look into before making their final custody decision in Illinois include:
The common primary standard that a judge will use when evaluating a child custody case is what is in the “best interest” of the child. This means that a judge wants to make a final ruling that will ensure the chosen arrangement will help to foster a child’s overall well-being, stability, and development as they advance through life in a new family dynamic. A judge wants to ensure that the child’s mental health and emotional bonds with each parent will remain intact.
A judge will also assess how involved each parent is in a child’s life. They will look into the historical depth of each relationship between the child and parent and consider factors like who has been the primary caregiver, what level of emotional bonds exist, and how each parent is involved in the daily activities of the child. This includes those who have been primarily involved in daily responsibilities like feeding, bathing, helping with school work, and attending functions.
The level of involvement a parent has had will be scrutinized by an Illinois judge. It is important for them to know the quality and consistency of each parent’s presence in the child’s life to determine if they have been engaged in nurturing the child before making their final ruling.
Judges prefer child custody arrangements that help to maintain consistency in a child’s life. This is especially important since a new custody arrangement means a child is already experiencing a major disruption in a lifestyle they have grown accustomed to. This will include a deep evaluation of the stability of each parent’s new home environment, how close they are to school, and how available they are to support the child.
Because a stable home environment helps to provide security and routine for a child, a judge prioritizes finding these important qualities during this difficult time of transition. A judge will also consider how close a connection a child has to their current community, school, and friends to try not to keep a child away from these important elements they have already established in their life.
The past behavior and fitness of each parent have a huge role in a judge’s final decision. A judge will look into each parent’s background to see if there is any evidence of substance abuse, domestic violence, criminal activity, or any mental health issues that could compromise their ability to be an effective parent.
This assessment will require a judge to look into each parent’s lifestyle and their ability to make reasonable decisions. A judge will also want to become comfortable with their understanding of each parent’s moral character. If there are any negative behaviors or patterns observed, it could impact which parent receives custody.
At a certain age, a child’s preference will be taken into consideration if the child is mature and has a strong rationale for their preference. Older children are more likely to have their preferences weighed into the final decision, but it will not be the sole determining factor.
A judge will also investigate to see if there is any evidence of a parent unlawfully pressuring their child to vocalize a preference, which is a tactic used by parents to try and secure the custody arrangement they are looking for. If a parent is found guilty of pressuring their child into sharing a preference that they might not genuinely believe, this questions that specific parent’s influence on the child’s well-being.
A: A parent can be deemed unfit to parent in Illinois for many different reasons. Evidence of parental abuse, substance abuse, or certain mental health issues can all impair their ability to be an effective parent. The court will also look into a parent’s ability to provide a loving and stable home environment and if they have historically been able to make appropriate decisions on behalf of their child’s welfare.
A: Child custody in Illinois will always prioritize what is the most advantageous arrangement for the child’s well-being. A judge will evaluate factors like how involved each parent is in the child’s life and their stability. If there is any evidence to suggest that a parent might not be able to meet a child’s physical, emotional, or educational needs, it could impact what type of final custody arrangement is issued.
A: It can be difficult to obtain full custody in Illinois if both parents have never shown any evidence of wrongdoing. If you want full custody, you will need to provide substantial evidence to show how the other parent is not fit. This could be evidence to show how they engaged in abuse and neglect or are unable to provide a stable home environment.
A: Mediation is often encouraged when dealing with child custody disputes in Illinois. It is the process where a neutral third party steps in and helps both parents communicate and negotiate on a mutually agreed upon solution. This allows both parents to have more control over the final outcome of their custody case and can be less adversarial in nature when compared to court.
If you are in the middle of a custody battle in Illinois and are looking for legal representation, connect with the child custody lawyer at Vahey Law & Mediation, LLC, today. For years, our team has represented parents who are looking to keep a strong relationship with their children after divorce. We can help evaluate your case and advocate for the arrangement you are looking for. Contact us today to begin.
