When married parents divorce or unmarried parents separate, they need to address parenting matters. In Illinois, parents have the option of either cooperating with one another or litigating. If parents cannot compromise with one another and establish a reasonable arrangement for sharing time with and responsibility for their children, they may need the support of the family courts. An Illinois family law judge has the authority to allocate parental rights and responsibilities.
When they do so, their first priority is to establish arrangements that are in the best interests of the children. To determine what might be in the children’s best interests, judges have to consider a number of important factors. The three details outlined below are among the most important considerations when judges must allocate parental rights and responsibilities in a contested case.
The wishes of the parents and children
Judges must consider the preferences of the parents. They can also consider the wishes and preferences of the children in the family. When deciding how much weight to give the stated preferences of the children, judges look at their age and maturity level. They also consider the reasoning that the child provides for their stated preferences. Neither the parents nor the children can dictate the terms set in a litigated custody case, but their wishes can guide a judge’s final decision.
Existing family dynamics
Judges generally need to consider how much parenting time each adult currently has and how active they have been in the upbringing of the children. They need to look at the connection that each parent has with the children. A parent who has focused more on their career may not have as close of a bond with the children as a parent who has served as the primary caregiver. Judges may even look at the dynamics between the children themselves. They need to consider all of the relationships in the family unit to come up with an appropriate allocation of parental rights and responsibilities.
The circumstances of each parent
Factors including employment, housing and health can influence how well parents meet the needs of their children. A parent struggling with substance abuse, for example, may find it difficult to retain a job and remain sober during their parenting time. A parent who has a history of domestic violence or unstable living arrangements may not be capable of properly supporting their children in their current situation. There are many other factors that judges may consider, including the health and special needs of the children in the family.
Ultimately, the goal is to produce an allocation of parental rights and responsibilities that gives children the best situation possible given their family circumstances. Discussing family circumstances with a skilled legal team can help parents strategize before litigation.
