Illinois Child Custody Factors

750 ILCS 5/602.7(b)(1)

Illinois courts closely examine how well the child is adjusted to their current living situation, school, and community, and the likely disruption of any change. Courts prefer arrangements that preserve the child's established routine and relationships. Evidence of school stability, community connections, and established friendships supports your position.

750 ILCS 5/602.7(b)(2)

Illinois courts consider the child's stated preferences, with greater weight given to older and more mature children. The court evaluates not just what the child wants, but also the reasons behind the preference and the child's level of maturity. This is assessed individually — a 10-year-old's wishes may carry significant weight depending on the circumstances.

750 ILCS 5/602.7(b)(3)

The mental and physical health of each parent and the child are considered as they relate to the child's wellbeing. Courts look at how any health conditions affect each parent's ability to provide consistent, safe care. Treatment compliance and efforts to maintain health are positive indicators.

750 ILCS 5/602.7(b)(4)

Illinois courts place high value on each parent's willingness and ability to cooperate in child-rearing matters. Parents who communicate respectfully, share information, and make joint decisions in the child's interest fare better than those who escalate conflict. Documenting examples of cooperative behavior — or the other parent's failure to cooperate — can be decisive.

750 ILCS 5/602.7(b)(5)

Courts look at the history of each parent's involvement in major decisions about the child's education, healthcare, and activities. A parent who has consistently been engaged in decision-making is better positioned to seek decision-making authority. School pick-up records, medical appointment histories, and communication logs can document this involvement.

750 ILCS 5/602.7(b)(6)

Any existing custody agreements, informal arrangements, or established patterns of parenting behavior are considered by the court. Courts look at how parents have actually operated, not just what they now claim to want. A demonstrated pattern of shared parenting strengthens a request for joint custody.

750 ILCS 5/602.7(b)(7)

The court considers each parent's stated custodial preferences and their reasoning. While the child's interests always come first, parents are given an opportunity to explain why their preferred arrangement serves those interests. Be prepared to articulate not just what you want, but specifically why it benefits your child.

750 ILCS 5/602.7(b)(8)

The court broadly considers all of the child's needs — physical, emotional, mental, educational, and developmental. This factor is a catch-all that allows the court to weigh any circumstance relevant to the child's wellbeing. The more specifically you can document your child's particular needs and how you meet them, the stronger your case.