HOW DOES THE JUDGE DECIDE

CUSTODY ISSUES IN ILLINOIS?

“If you are facing a battle for custody in Illinois, there are several things that you can do to help improve your chances

of obtaining the desired outcome in a custody case.”

PIOLETTI & PIOLETTI Bloomington, Illinois Family Law Attorneys

Illinois courts and lawmakers, as those in most states, have adopted policies that

are in the best interest of the child. These policies encourage parents to work

through their child custody issues to come to a mutual agreement that is in the

best interest of the children and both parents.

Unfortunately, some parents are not able to reach an agreement as to custody

issues. In this event, the court can require the parties to use mediation in an

attempt to work through their custody issues to arrive at an agreement. Because

a mediator is a neutral party, some parents are able to work through their

problems with the assistance of the mediator to reach an agreement regarding

visitation and custody. If mediation fails, the issues will be decided by a judge.

If a judge must decide custody issues, he may appoint a guardian ad litem to

help him determine what is in the best interest of the children. The guardian ad

litem investigates the case and issues a report to the judge outlining information

that the judge can use in deciding custody issues. The guardian ad litem is often

very helpful to the court because he or she has much more time to investigate

the case and spend time with the children and the parties before issuing a report.

What Does A Judge Consider When Deciding Custody Issues?

Illinois custody laws dictate that the

court will determine custody “in

accordance with the best interest of

the child.” In order to determine

what the best interest of the child is

with regard to custody issues, the

court should use the following

factors:

(1) The wishes of the parents;

(2) The wishes of the child;

(3) The relationship of the child with

the parents, siblings and any other

person who may significantly affect the child's best interest;

(4) The child's adjustment to his or her home, school and community;

(5) The mental and physical health of all individuals involved;

(6) Physical violence or the threat of physical violence by the child's potential

custodian, regardless of whether the violence is directed against the child or

directed against another person;

(7) The occurrence of ongoing or repeated abuse as defined in Section 103 of

the Illinois Domestic Violence Act of 1986 regardless of whether the abuse is

directed against the child or directed against another person;

(8) The willingness and ability of each parent to facilitate and encourage a close

and continuing relationship between the other parent and the child;

(9) Whether one of the parents is a sex offender; and,

(10) The terms of a parent's military family-care plan that a parent must complete

before deployment if a parent is a member of the United States Armed Forces

who is being deployed.

What Can I Do to Improve My Chances of Getting Custody?

If you are facing a battle for custody in Illinois, there are several things that you

can do to help improve your chances of obtaining the desired outcome in a

custody case. Your attorneys will review specific things that you should do;

however, the following are behaviors that you should avoid if you are currently in

a battle over custody issues:

Do not interfere with the visitation of the other parent or make visitation

arrangements overly complicated or difficult.

Do not argue with the other parent of your children.

Never engage in a physical confrontation with the other parent or others in

the presence of your children.

Before moving in with a partner or making changes in your living

arrangements, consult with your attorney.

Do not criticize or gossip about the other parent to friends, family members,

or others. Be honest with the Guardian ad Litem in your case but do not

overly criticize or put down the other parent.

Do not miss child support payments.

Do not deny contact with the other parent when the children are with you.

What you should do is be involved in your children’s lives such as attending

school, athletic and social activities. Spend as much time with your children as

possible and document your daily interactions with your children in a journal.

Keep the other parent informed of any major events that occur when you have

the children.

Contact Our Office for a Consultation with an Experienced Illinois Custody Attorney

Serving Our Clients with Sound Guidance and Unparalleled Dedication

Pioletti & Pioletti is a full service law firm that represents individuals in a variety of

areas of family law cases. With offices located in Eureka and Bloomington, we

represent clients throughout Woodford County and McLean County.

When you need the assistance of an experienced family law attorney in Illinois,

call the compassionate and skilled attorneys of Pioletti & Pioletti. We are

dedicated to giving our clients exceptional service to help them as they deal with

the sensitive and emotional issues related to family law.

About Pioletti & Pioletti

Serving Our Clients with Sound Guidance and Unparalleled Dedication

Pioletti & Pioletti is a full service law firm that represents individuals and businesses in a variety of areas of law including criminal defense, family law, bankruptcy, and estate planning. Pioletti & Pioletti has a long history in central Illinois. Our firm was founded in 1938 with a focus on estate planning, real estate, and business services. Today we are a versatile firm providing a group of services including criminal defense, family law, bankruptcy, and civil litigation representation. Our focus is on providing outstanding legal representation with unmatched personal service. We are available through email, 24 hours a day, 7 days a week. Pioletti & Pioletti 107 E. Eureka, Suite 1, Eureka IL 61530 Phone: +1 309-467-3213 Website: www.piolettilaw.com 121 N. Main St., Bloomington IL 61701 Phone: +1 309-821-0246 Website: www.piolettilaw.com