How Does an Illinois Judge Decide What Is in My Child’s Best Interest?

 Posted on February 28, 2024 in Child Custody

When parents go through a divorce, it is often quite difficult for them to agree on how they should split their parenting time and parental responsibilities, otherwise known as child custody. Some couples manage to come to some sort of agreement if they believe it will be best for their children. Others find that their personal conflicts make it impossible for them to communicate productively and figuring out an arrangement seems too daunting a task. In cases where the parents cannot reach a mutually acceptable agreement on how they will continue to care for their children, it is the court’s job to determine what will be in the child’s best interest. If you have questions about how a court can decide this, a knowledgeable Wheaton, IL child custody lawyer can give you answers.

What Factors Will a Judge Consider?

When trying to figure out what sort of arrangement would best serve the child in a divorce, there are many factors taken into consideration. These include but are not limited to:

• What each parent thinks and why
• What the child thinks
• The child’s relationship with each parent
• The child’s physical, emotional, mental, educational, social, and other needs
• How the parents currently divide their responsibilities with regards to school drop off and pick up, homework, medical appointments, extracurricular activities, and provision of food, clothing, and a safe home
• Each parent’s mental, emotional, and physical health.
• Any history of abuse from either parent

The judge will also likely want to hear from other people, including the child’s teachers, babysitters, tutors, school nurse, doctor, guidance counselor, relatives, neighbors, and others who might be able to share insight.

In some cases, a Guardian Ad Litem, or GAL will be appointed to advocate in any legal proceedings on behalf of the child.

Schedule a Free Consultation With a Dupage County, IL Child Custody Attorney

If you and your spouse are about to get a divorce and you have not been able to agree on anything, you might wonder what will happen with child custody and other matters that will affect your child. An experienced Wheaton, IL divorce lawyer can help you understand the process. The judge in your case might make the determinations on their own, or they might consult with a GAL to help them decide what would be in your child’s best interests. At Goostree Law Group, we understand that this can be a stressful and emotionally taxing time, and we will address your questions and concerns with compassion and sensitivity. Call 630-364-4046 to schedule a free consultation.