While some people might expect courts to “pick a side” and determine one parent deserves custody more than the other, this is not always the case – especially in Illinois. Courts encourage parents to build parenting plans around the day-to-day lives of their children, to which judges will allocate rights and parenting time based on the best interests of the child.
Determining a child’s best interests
Unlike states that use terms like sole or joint custody, Illinois uses terms such as “parental responsibilities” and “parenting time” to decide the rights and responsibilities of divorced parents. Courts accomplish this by determining a child’s best interests under 750 Illinois Compiled Statutes 5/602.5. Key factors that judges in Illinois need to consider include:
- The needs of a child and each parent’s ability to meet them
- The child’s wishes, assuming they are mature enough to decide
- The involvement of each parent in daily care and decision-making
- The stability of their school and community
- The distance of the homes of each parent
- The risk of child abuse or domestic violence
- The ability of each parent to support the other’s relationship with the child
- The past participation of parents in caregiving
- The history of threats and physical violence of each parent
By reviewing key factors, courts can determine the best setup for each child. Bear in mind that there is no formula when it comes to proving which parent deserves more parenting time. Instead, courts examine each case individually, prioritizing schedules and divisions of parental responsibility that are realistic and most suitable for a child’s safety, emotional needs and stability.
How do courts make decisions in contested divorces?
Judges also require parents to submit and follow parenting plans. These are legally-binding agreements that outline how divorced parents intend to raise their children. This covers daily routines, living arrangements and decision-making responsibilities. If parents cannot submit a parenting plan, the court will allocate responsibilities and set a schedule instead.
However, in contested divorces, parents may be less likely to cooperate and communicate with one another. If this happens, courts may appoint a guardian or a child representative to investigate the living situation of the child with each parent and make recommendations. This allows judges to address conflict by narrowing decision-making or setting clear boundaries.
What can parents do to prove they have their child’s best interests in mind?
Courts in Illinois award custody in contested divorces by determining what is best for the child, prioritizing parenting plans and schedules that are most suitable for their needs and stability. If someone intends to have more parenting time and play a larger role in making major decisions in their child’s life, it is important for them to prove they have their child’s best interests in mind.
This means a parent must show a willingness to cooperate with the other, even if they are at odds or struggling to reach mutual agreements. They can accomplish this by presenting evidence such as testimonies, exhibits, messages, school records and witness statements to prove that their children’s needs are met under their custody.