Child Custody

Child Custody is awarded based upon the best interest of the children. The Court shall consider all factors effecting the best interest of the children including the following:

1. the wishes of the child's parent or parents as to his custody;
2. the wishes of the child as to his custodian;
3. 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;
4. the child's adjustment to his home, school and community;
5. the mental and physical health of all individuals involved;
6. the physical violence or threat of physical violence by the child's potential custodian, whether directed against the child or directed against another person;
7. the occurrence of ongoing or repeated abuse as defined in Section 103 of the Illinois Domestic Violence Act of 1986, whether directed against the child or directed against another person;
8. the willingness and ability of each parent to facilitate and encourage a close and continuing relationship between the other parent and the child; and
9. whether one of the parents is a sex offender.

Illinois generally recognizes two types of custody: sole custody and joint custody. The award of custody does not necessarily affect the amount of time each parent spends with the children. Rather, it refers to decision making regarding major issues concerning the children. A sole custodian will make all major decisions regarding the children's health care, education, and religious training. However, in a joint custody arrangement these decisions are made jointly by the parties.

Parties are often required to participate in mediation prior to proceeding on any action involving custody, visitation, or access to the children. Mediation is generally conducted by an independent person approved by the Court to assist the parties in resolving their disputes regarding the children. If the mediation is successful, an appropriate Order in accordance with the parties' agreement will be entered by the Court. However, if it is unsuccessful the parties may proceed to litigate. The cost of mediation may be paid by one or both of the parties pursuant to agreement or Court Order.

The noncustodial or nonresidential parent is entitled to reasonable visitation with the children. This visitation usually includes time on weekends, holidays, winter, spring and summer breaks from school, and other occasions. The visitation shall be without restrictions unless the Court determines that the children's physical or mental health is endangered.