Factors Courts Consider For Child Custody Issues | Illinois Child Custody Factors

Factors Courts Consider For Child Custody Issues | Illinois Child Custody Factors

Video by Attorney Kevin O'Flaherty
Article written by Illinois & Iowa Attorney Kevin O'Flaherty
Updated on
October 28, 2019

In a child custody proceeding, the court will make its determination of custody issues based on the "best interest of the child."  The best interest of the child is determined on a case-by-case basis by weighing several factors listed in the Illinois Marriage and Dissolution of Marriage Act (IMDMA) as well as any other factors that the court finds relevant, including those that have been developed by case law. 

‍The factors listed in the IMDMA are:

  • The wishes of the parents; 
  • The wishes of the child; 
  • The interactions and the relationships between the parents and the child; 
  • The child's adjustment to his or her home, school, and community; 
  • The mental and physical health of both the parents and the child; 
  • Whether abuse has occurred either to the child or to any other person; 
  • Whether the parents have the ability to cooperate; 
  • The living situation of the parents; and
  • Whether either of the parents is a sex offender.

In addition to these statutory factors, the court may consider any other facts or factors relevant to the "best interest of the child."  The following factors have been found relevant by previous case law:

  • The race & religion of the parents and the child; 
  • The parents' work schedules and availability; 
  • One parent's interference with the other parent's relationship with the child; 
  • Whether one parent has made false allegations of abuse; 
  • Whether either parent is living with someone of the opposite sex; 
  • Parents' substance abuse; 
  • Whether the parent seeking custody is a natural parent.

‍The "best interests of the child" is a fact specific inquiry in which the court has very broad discretion.  Because of the broad discretion of the trial court in these matters, appeals of the trial court's decision are rarely heard. ​

Additional Financial Considerations
from Financial Experts

From Financial Experts

For many years, financial institutions have been creating a disservice to clients and the industry as a whole for years.
View More Professional Considerations

Presented By O'Flaherty Law

child custody factors Illinois

Need Legal Help? 

Schedule a

What to Expect From a Consultation

The purpose of a free consultation is to determine whether our firm is a good fit for your legal needs. Although we often discuss expected results and costs, our attorneys do not give legal advice unless and until you choose to retain us. Although most consultations are complimentary, some may carry a charge depending on the type of matter and meeting location.

Leave a Comment With Your Questions

Read more about

Family Law & Divorce

Disclaimer: Our articles and comment responses do not constitute legal advice and are not intended to create an attorney-client relationship.

Please contact us to schedule a free consultation for legal advice specific to your situation.

Here are some articles that may interest you

Contact us for a Free Consultation

Schedule a free consultation

O'Flaherty Law is happy to meet with you by phone or at our office locations in:

Who We Are
We are your community law firm. Our Illinois & Iowa Attorneys are committed to providing exceptional client service in a cost-effective manner in the areas of Family Law, Probate, Estate Planning, Civil Litigation, Guardianship, Criminal Defense, Corporate & Contract Law, Bankruptcy and Real Estate.

Some of Our Accomplishments

Best Child Support Lawyers in Chicago
DuPage County Probate Attorney
Kevin P. O'Flaherty
Rated by Super Lawyers

loading ...
Naperville attorney
DuPage County Probate Attorney
Business Articles & Podcasts

Subscribe to our mailing list

* indicates required