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What Does "Best Interests" Mean and Other Child Custody Issues?
When settling custody issues, courts will always make decisions based on "the best interests of the child." But what exactly does that mean?
Illinois has written into its laws a number of things that affect a child’s well-being. They include things like the stability of the home the child is supposed to live in, how the child will maintain a relationship with both parents, and, in some cases, the child’s own wants.
Understanding these factors can help you prepare for your custody case in 2026 and anticipate what will impact the court’s decisions. A Kane County, IL child custody lawyer can walk you through them.
What Factors Do Illinois Courts Say Affect a Child’s Best Interests?
The things the court will look at when determining what’s in your child’s best interest are specified in law 750 ILCS 5/602.7 of the Illinois Marriage and Dissolution of Marriage Act. Some of these include:
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Each parent's wishes regarding custody, also called the allocation of parental responsibilities
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The child’s needs
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Custody arrangements that the parents have had to this point
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The wishes of the child, if they're old enough to have a well-formed opinion
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The mental and physical health of both parents
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The child's relationship with each parent, siblings, and other people who play a meaningful role in their life
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How well-adjusted the child is to their current home, school, and neighborhood
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Each parent's willingness to support a good relationship between the child and the other parent
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Any history of domestic violence or abuse
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Whether either parent is a registered sex offender
There are some other issues specific to certain situations that the court will look at. For example, if one of the parents is in the military, the court will assess their family care plan before making decisions. Judges also have the authority to take into account anything else they believe is relevant to the child’s well-being. Unless there is a history of abuse in the family, courts will try to maintain a child’s relationship with both their parents.
How Do Illinois Courts Decide on Custody Arrangements When Parents Disagree?
When parents can agree on a parenting plan, they generally have a lot of flexibility with how they will co-parent. The court will usually approve the plan these parents come up with, as long as the plan won’t harm the child. If parents are struggling to agree on how the responsibility for their children should be split, they’re likely to be sent to mediation.
Mediation involves an outside third party, or mediator, who helps the couple work through their disagreements. Because the parents know their own situation better than a judge, Illinois courts prefer for them to be able to come up with their own parenting plan.
Only when parents really won’t compromise will the court step in and make decisions for them. All of the issues listed above will be considered, but basic needs, everyday logistics, prior arrangements, and parental involvement are among the most important.
The Child's Basic Needs
All children have basic needs for security, love, and things like food and shelter. Courts will ensure that these basic needs are met by the parenting plan. Some children also have additional challenges. If a child has disabilities, the court must be careful to make decisions that accommodate the extra help the child needs.
Everyday Logistics
This covers things like how far apart the parents live, each parent's work schedule, the child's school schedule, and how transportation between homes would realistically work. A plan that looks good on paper but creates constant scheduling chaos isn't going to be usable.
Prior Agreements and Routines
If certain routines were already in place before the separation, like a consistent before-school schedule or arrangements for a sport or activity, the court will take those into account. Stability is important for kids. Disrupting what was already working is often not in a child's best interest.
Each Parent's Level of Involvement
Courts look at how involved each parent was in the child's life before the separation. The court wants both parents to maintain relationships with their children. If one parent is much more absent than the other, though, they are likely to get reduced parenting time.
Can an Illinois Custody Arrangement Be Changed After It's Set?
Illinois allows for changes to custody arrangements under certain conditions. However, a court won't modify an existing arrangement just because one parent wants something different. There generally needs to be a substantial change in circumstances since the original order was entered.
Common reasons for modifications include a parent moving, a major change in a child's needs, or the existing arrangement no longer working as intended. The same best-interests factors will apply to modification hearings as to the original custody process.
Call a Kane County, IL Child Custody Attorney Today
Our St. Charles, IL child custody lawyer is a trained mediator with significant experience in Illinois family law. The firm's focus is on finding workable, lasting solutions through mediation when possible. If your co-parent won't cooperate, though, we are fully prepared to litigate aggressively in court on your behalf.
Call Shaw Sanders, P.C. at 630-584-5550 today for a free consultation.
630-584-5550