Under Illinois law 750 ILCS 5/602 the court shall determine custody in accordance with the best interest of the child. The court considers all relevant factors including:
- the wishes of the child's parent (or parents) as to custody;
- the wishes of the child as to his custodian;
- the interaction and inter-relationship of the child with his parent or parents, his siblings and other persons who may significantly effect the child's best interest;
- the child's adjustment to his home, school and community, the mental and physical health of all individual involved;
- physical violence or threat of violence by the child's potential custodian;
- and other factors.
Illinois law, 750 ILCS 5/607, provides that a parent not granted custody of the child is entitled to reasonable visitation unless the court finds, after a hearing, that visitation would endanger seriously the child's physical, mental, or moral health.
Paul Marcotte can provide information regarding the legal and financial issues involved in a divorce and answer your questions. He represents clients in Chicago, suburban Cook, DuPage, and Will Counties.
Contact us for more information on custody and visitation.