Custody

A judge will make a decision about parenting time based on what s/he thinks is in your child’s best interest.¹ The judge will assume that both parents are fit and will not place any restrictions on parenting time unless you can prove to the judge that parenting time would seriously endanger the child’s physical, mental, moral, or emotional health.² The judge will look at any factor that s/he thinks is important to make this decision, including:

• the parents’ wishes as to parenting time;
• the child’s preference for parenting time, taking into account the child’s maturity and ability to express his/her own preference;
• the amount of time each parent spent performing caretaking functions with respect to the child in 2 years before the petition was filed for allocation of parental responsibilities/parenting time;
• any prior agreement or behavior pattern (“course of conduct”) between the parents relating to caretaking functions with respect to the child;
• the relationship the child has with his/her parent(s), his/her siblings and any other person that might significantly affect the child’s best interests;
• the child’s adjustment to his/her home, school and community;
• the mental and physical health of all individuals involved;
• the child’s needs;
• the ability of the parents to cooperate in a parenting time arrangement, taking into account the distance between the parents’ homes, the cost and difficulty of transporting the child between homes, and the daily schedule of each parent and the child;
• whether a restriction on parenting time is appropriate;
• any physical violence or threat of physical violence by either parent against the child or a member of the child’s household;
• any acts of abuse against the child or a member of the child’s household;
• the willingness and ability of each parent to place the needs of the child ahead of his or her own needs;
• the willingness and ability of each parent to encourage a close and continuing relationship between the child and the other parent;
• whether or not either of the parents is a convicted sex offender or lives with one; the judge will consider the exact nature of the offense and what treatment the offender has successfully participated in;
• the terms of a parent’s military family-care plan if a parent is member of the United Stated Armed Forces who is being deployed; and
• any other factor that the judge finds to be relevant.²

The judge cannot consider conduct of a parent that does not affect that parent’s relationship to the child.³

Note: A parent shall have sole responsibility for making routine decisions with respect to the child and for emergency decisions affecting the child’s health and safety during that parent’s parenting time.⁴

¹ 750 ILCS 5/602.7(a)
² 750 ILCS 5/602.7(b)
³ 750 ILCS 5/602.7(c)
⁴ 750 ILCS 5/602.5(d)