In custody hearings, the court will decide which parent shall receive custody, also known as parental responsibilities, based on the best interests of the child. Given the courts' fallibility, they may or may not make the correct decision based on the evidence presented. For this reason, it is imperative that you have experienced family law representation for child custody disputes. Many factors will be examined as the court determines their decision, such as:
What the wishes of the parents are
What the wishes of the child are, depending on their age and maturity
The child's history with both parents
The child's history with school and community
The physical and mental health of all parties involved, including parents, children, and others
Any history of domestic violence amongst all parties, whether directed at a child or adult
The perceived ability of the given parties to co-parent amicably
As you can see, there is a lot of information for the courts to take into account before determining which parent will receive custody of the child. For the most part, in Illinois, parents will generally share custody unless one parent is shown to pose a considerable threat to the child or other parent.