If you’re a parent going through a child custody battle, you want to know how child custody is determined. It’s helpful to know that child custody is always determined based on the child’s best interests. However, as a parent, it’s also good to know how the child’s best interests are determined.
In Illinois, children over the age of 14 can decide which parent they prefer to live with. But if the family law court establishes that the child’s preference isn’t in their best interest, it may overrule the preference. When deciding child custody, courts focus on the child’s best interests, understanding that the child’s needs may change as they grow. Also, courts recognize that having continuity of the parent-child relationship is pivotal in the best interest of the child.
Typically, child custody is divided into two categories, including legal and physical custody. Both types of custody can be sole or joint custody. Physical custody establishes which parent the child lives with and the other parent will enjoy visitation with the child.
Physical custody of the child can be joint custody, and the child will live with both parents and go back and forth between their homes. Legal custody establishes which parent will make important decisions for the child. Legal custody can be sole or joint custody, too.
Child custody arrangements vary depending on the situation and are flexible processes designed to determine what’s best for the child. The more you understand the process, the more you’ll be in a better position to help develop a child custody arrangement that’s in your child’s best interests.