Summary of Illinois Child Custody Law

Illinois recognizes two basic forms of child custody: joint custody and sole custody. Custody determinations are based on “the best interest of the child.”

Illinois law provides out eight specific factors that must be considered in making any custody determination:

• • the wishes of the child's parent
• • the wishes of the child as to custody
• • the interaction and interrelationship of the child with his parent or parents, his siblings and any other person who may significantly affect the child's best interest
• • the child's adjustment to his home, school and community
• • the mental and physical health of all individuals involved
• • the physical violence or threat of physical violence by the child's potential custodian, whether directed against the child or directed against another person
• • the occurrence of ongoing abuse (as defined in Section 103 of the Illinois Domestic Violence Act of 1986) whether directed against the child or directed against another person
• • the willingness and ability of each parent to facilitate and encourage a close and continuing relationship between the other parent and the child.