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How do courts determine custody arrangements?

On Behalf of | Jun 20, 2025 | Child Custody |

When Illinois courts decide on child custody arrangements, they prioritize the child’s well-being and overall best interests. In Illinois, custody decisions are typically categorized as either physical or legal custody. The court’s goal is to ensure that the child has a stable and supportive environment with both parents involved in their upbringing whenever possible. The process considers a variety of factors to help create the most beneficial arrangement for the child.

Factors influencing custody decisions

Illinois courts use several key factors to determine the most suitable custody arrangement. The child’s preference may be considered, particularly if the child is 14 or older. The court will also evaluate the parents’ ability to provide a safe, nurturing environment. This includes looking at each parent’s mental and physical health, their work schedule, and how each parent has cared for the child before.

Another important factor is the relationship between the child and each parent. Courts prefer arrangements that allow the child to maintain strong relationships with both parents, provided it serves the child’s best interests. The court will also assess how well each parent can cooperate and communicate with the other in terms of co-parenting.

Domestic violence’s impact on custody

If there is evidence of domestic violence, the court takes this very seriously. Illinois courts do not generally favor awarding custody to a parent who has committed abuse, as this is seen as potentially harmful to the child. The safety of the child and the parent is a priority, and this factor plays a significant role in determining custody arrangements.

The role of parenting plans

In Illinois, both parents are required to submit a parenting plan when seeking custody or visitation rights. This plan outlines each parent’s proposed custody arrangement, visitation schedule, and plans for decision-making. The court reviews this plan to ensure it serves the child’s needs and is practical for both parents.

The courts consider a range of factors to ensure that custody arrangements are in the best interest of the child, keeping their emotional, physical, and psychological needs at the forefront of any decision.