Illinois Child Custody: Evaluation Criteria

The evaluation is designed to provide the court with information it needs to determine a child’s best interest when the parties cannot agree on custody themselves. The court will consider several of these factors:

• The quality and emotional ties between the parents and child;
• The capacity of each parent to educate, raise, guide, and love the child;
• The ability of each parent to provide food, clothing, and medical care;
• Each parent’s abilities and possible disabilities;
• The psychological functioning and developmental needs of the child;
• The child’s need for stability with regard to the living arrangements;
• The parties’ value structure regarding parenting;
• The potential for improper conduct on the part of the parents;
• A parent’s capacity to encourage the other parent’s relationship with the child;
• The wishes of the child, if the child has reached an age where his wishes can be articulated to the court with understanding and maturity.

One of the most important factors that the court will consider is the relationship between each parent and the child. The court will want to know how bonded the child is to each parent. All children need at least one primary person, although they can be easily attached to two or more people. The primary person is typically the one who has spent more time with the child, but this is not always the case. It is often the person to whom the child turns when he or she is ill or tired.

The courts often have a difficult time making custody decisions. That is why it is very important that the evaluator has done a thorough and detailed job.