New Illinois Family Law in 2016: Best Interests of the Child Factors

When parents have a dispute over child custody, or “parenting responsibilities” as referred to under the new statute in 2016, Illinois courts generally use the “best interests of the child” standard in reaching a decision.  “Best interests of the child” refers to a list of factors that a judge will examine when deciding how parental responsibilities should be arranged.  Senate Bill 57, which goes into effect January 1, 2016, incorporates many of the same factors that the courts have been using, with some new additions. 

Click here to read more about the changes to Illinois custody and visitation law in 2016.

“Parental Responsibilities” or “Custody” Best Interest Factors

When making a determination as to how to arrange “parental responsibilities” (traditionally known as “custody”), among the factors a judge will consider include, but are not limited to, the following:

  • The wishes of the child, taking into consideration the child’s maturity and ability to express reasoned and independent preferences as to decision making;
  • The child’s adjustment to his or her home, school, and community;
  • The mental and physical health of all individuals involved, including the child and both parents;
  • The ability of the parents to cooperate with decision-making for the child, or whether the level of conflict between the parents might affect their ability to share decision-making responsibilities;
  • How much each parent participated in past decision-making responsibilities for the child;
  • Any prior agreement or course of conduct between the parents relating to the decision making for the child;
  • The wishes of the parents;
  • The child’s needs;
  • The distance between the parents’ homes, the cost and difficulty of transporting the child, the daily schedules of each parent and child, and the ability of both parents to cooperate in the parenting time arrangement;
  • Whether a restriction on decision-making is appropriate under Section 603.10 (whether one parent acted in a way that seriously endangered the child’s physical, moral, mental health or emotional development);
  • The willingness and ability of each parent to facilitate and encourage a close and continuing relationship between the other parent and the child;
  • Any other factor that the court finds relevant.

750 ILCS 5/602.5(c)

Parenting Time or Visitation Time Best Interest Factors

The factors that a court will look towards when determining how to arrange a parenting time schedule (the schedule for when the child will be with each parent) are largely similar to the best interest factors for assignment of parental responsibilities.  Among the factors include the following:

  • The wishes of the child, considering the child’s maturity and ability to express reasoned and independent preferences as to the parenting time schedule;
  • The amount of time each parent had participated in the child’s care-taking functions in the past 2 years before a case has been filed, or if the child is younger than 2 years, since the child’s birth;
  • The relationship and interaction which the child has with his or her parents, siblings, or anyone else who may significantly affect the child’s best interests;
  • The distance between the parents’ residences, the cost and difficulty of transporting the child, each parent’s and child’s daily schedules, and the ability of the parents to cooperate in the arrangement;
  • The willingness and ability of each parent to place the needs of the child ahead of his or her own needs;
  • Any other factor that the court finds relevant.

750 ILCS 5/602.7(b)

If you are seeking professional representation in a child custody or visitation matter in Will County, Dupage County, or Kendall County, contact Navarro Family Law at (815) 207-9570 to schedule an initial consultation.  

The information on this site is not legal advice.  Retain an attorney licensed in the state which has jurisdiction over your matter before taking any action which affects your legal issues, legal marital status or custody arrangements, and follow the advice of your retained lawyer.