Going through a divorce is never any fun, especially when there are children involved. When it comes to determining which parent will get custody of the children, the court does consider what would be in the best interest of the children involved, but what does that actually mean?
There are several different factors that are considered by the judge presiding over the divorce. The first thing that may be considered is the age of the children. The judge will also consider the testimony of both of the parents in regards to what arrangement they want. If the children are old enough, the judge will often invite them into his chambers to talk about what they want and which parent they would like to live with. The judge will also consider the relationship that each parent has with the children.
The judge will do everything that he can do to make sure that the custody agreement is the best one for the children. When determining custody, the judge will consider things that may further disrupt the lives of the children, such as having to relocate and attend a different school. The physical and emotional wellness of both the children and the parents will also be considered.
There will also be a full investigation as to whether there have been any incidences of domestic violence, abuse or neglect levied against either parent. There is no clear cut formula that is used to determine which parent will get primary custody of the children.
There are so many different variables that need to be considered, and every situation is unique. If you are going through a divorce and have concerns regarding the custody arrangement for your own children, an experienced and knowledgeable Illinois family law attorney can assist you. Your Illinois family law attorney can answer any questions that you may have as well as represent the very best interests of the children involved in your case.