Understanding the Best Interest of the Child in Illinois
When you are going through divorce proceedings, one of the many facets that you will come across is issues pertaining to your children. In Illinois, physical child custody and visitation are called parenting time and legal custody is called parenting responsibility. When making decisions about these things, the court is always taking into consideration the best interests of the child. The majority of parents are concerned with their child’s best interests, but their views of what is best for the child can sometimes be clouded by everything else surrounding the divorce. Understanding what the court considers best for the child can help you anticipate what decisions the court will make with your case. What Is the “Best Interest” of the Child? In legal terms, the best interest of the child is used in most cases involving decisions made about children. This means that the judge presiding over the case will base his or her decision about parenting time and responsibilities on a number of factors to best suit the child’s individual needs. All states have some sort of standards set in place to determine what is in the child’s best interests. Determining Factors in IllinoisThe Illinois Juvenile Court Act of 1987 set into place specific factors judges take into consideration when a “best interest” determination is required. The child’s age and developmental needs are taken into consideration, along with:
- The physical safety and welfare of the child, including basic needs;
- The development of the child’s identity;
- The child’s background and familial, cultural and religious ties;
- The child’s sense of attachments, including where the child feels love, their sense of security and familiarity;
- The child’s wishes;
- The child’s community ties, such as church, school, and friends;
- The child’s need for permanence and stability;
- The uniqueness of every family and child; and
- The preference of the parents.
Divorce proceedings can get messy pretty quickly and parents can lose sight of what is important - their children. Everything a parent does should be in the best interests of their children and Illinois courts want to make sure of that. If you are going through a divorce with children, you should get the help of an Aurora divorce attorney who can focus on your divorce so you can focus on your children. Contact the Law Office of Matthew M. Williams, P.C. to see how they can help you with your case. Call the office at 630-409-8184 to set up a consultation.
Source:
http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=070504050HArt%2E+I&ActID=1863&ChapterID=50&SeqStart=100000&SeqEnd=2300000