Divorcing parents are often faced with difficult decisions about child custody. Child custody decides what rights parents have to raise their children, and is split into both “physical” and “legal” custody. Physical custody is the amount of time children spend with their parents and a parent’s obligation to provide for their needs, such as housing, clothing and food. Legal custody determines which parents have a right to decide what is best for their child’s upbringing.
During a divorce, parents may have the option to create a custody agreement that works for both of them. They can decide how much time each of them gets with their children and what rights they have to make choices for their children. However, if parents cannot come to an agreement, a court may need to decide an arrangement for them. Here is what you should know about that process:
How does a court decide child custody?
In Illinois, a court will have the best interests of a child when determining child custody. This often means placing a child in the care of the best-fit parent. In many cases, parents may be given split child custody. However, to determine the best interests of a child, several factors may need to be considered, such as:
- The age of the children
- The dynamic between parents
- Each parent’s capacity to provide for their child’s needs
- A child’s special needs and health
- A child’s relationship with both parents
- A child’s relationship with relatives
- A child’s wishes
- Each parent’s physical and mental health
- A parent’s history of abandonment, neglect or abuse
It can take time for a court to review evidence during a child custody trial. Parents may need to seek legal guidance for the best outcome of a child custody trial.
