Tag Archives: Will County divorce attorney

child custody, Illinois, divorce, children of divorce, Illinois child custody lawyerDivorce is never an easy process. Spouses who have decided to go through with a divorce cite reasons including infidelity, finances, or just plain old irreconcilable differences. Whatever the reason for the split, the effect of the divorce is rarely felt solely by those that call each other spouse. The American Academy of Child & Adolescent Psychiatry states that one in two marriages today end in divorce, many of them being families that include children. Unavoidably, this brings up the unpleasant issue of child custody. Unfortunately, sometimes this topic is used as a weapon in one spouse’s attempt to harm the other. When parents cannot agree on where the children will live, courts refer to statutes and case law for guidance.

Custody Awarded Under the Illinois Marriage and Dissolution of Marriage Act

 Child custody proceedings are automatically commenced when a parent files a petition for dissolution of marriage, legal separation, declaration of invalidity of marriage, or simply a petition for custody. A stepparent or a grandparent can also start child custody proceedings in very specific circumstances, usually involving the incapacity or death of the custodial parent.

 The Illinois Marriage and Dissolution of Marriage Act identifies factors affecting the award of child custody. When the court decides custody, they will make a determination to serve the best interests of the child. Relevant factors that the court takes into consideration include the wishes of the child’s parents, the wishes of the child, the child’s interactions, the child’s adjustment, the parties’ health, the presence of violence or abuse, and the parties’ cooperation.

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