Illinois Divorce Law...

Illinois Law - Who Gets Custody?

The law in Illinois encourages both parents to be as actively involved as possible, although there is no expressed preference for joint custody over sole custody.

Illinois law expressly allows a step-parent to request custody, but only if the custodial parent is dead or disabled and certain other circumstances apply.

Here are the factors the law lists in considering custodial decisions:

• The wishes of the child's parent or parents.
• The wishes of the child.
• 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 of physical violence by the child's potential custodian, whether directed against the child or directed against another person.
• The occurrence of ongoing abuse as defined in Section 103 of the Illinois Domestic Violence Act of 1986, whether directed against the child or directed against another person;
• The willingness and ability of each parent to facilitate and encourage a close and continuing relationship between the other parent and the child.

The court does not consider the behavior of either parent (or other custodian), except as it affects the child.

Also, in Illinois, there is a strong preference for allowing any arrangement the court determines to last for at least two years. In order to get the court to reconsider custody before two years are up, and assuming that the parties do not agree to the change, a party must show that the custodial arrangements are endangering the child's physical, mental, moral or emotional health.

Section 5/602, 5/610(a).

Cases:

Koelle v. Zwiren, App. 1 Dist.1996, 220 Ill.Dec. 51, 284 Ill.App3d 778, 672 N.E.2d 868 (considering granting custody to someone other than a parent).

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