Illinois Child Custody: Best Interest of Child

Chapter 750, Illinois Compiled Statutes, 5/602 depicts the present day policy that custody is awarded in accordance with the best interests of the child. This is a much different policy than the needs or interests of a parent. The primary focus is that of the child, not that of the parent. 

Section 602(a) sets forth the important, but not exhaustive, factors comprising the best interests of a child.  The court will consider relevant factors which include:

• The wishes of the child’s parent or parents as to his custody;
• The wishes of the child as to his custodian;
• 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;
• The child’s adjustment to his home, school, and community;
• The mental and physical health of all individuals involved;
• The physical violence or threat thereof by the child’s potential custodian, whether directed against the child or a third party;
• The occurrence of ongoing abuse, whether directed against the child or a third party;
• The willingness and ability of each parent to facilitate and encourage a close and continuing relationship between the other parent and the child.

Other factors which are not part of Section 602 but may be considered include:

• The sufficiency and stability of the parties’ homes and surroundings;
• The interaction and relationship of the child to his parent and the child’s adjustment to his home;
• The relative economic positions of the parties;
• Whether a party is current with child support obligations.