Illinois family courts face the challenge of determining the most appropriate setting for children. In child custody cases, they must present a ruling to protect the interests of these children in a variety of circumstances. Couples who have chosen to dissolve their marriage may face a court decision about child custody.
When a Divorce Trial Is Needed
After the court has finalized the divorce, the next step is to assign child custody. The first factor that affects this decision is the parent’s wishes. While a divorce trial identifies a dispute of the divorce terms, it doesn’t always indicate a dispute about custody. If the parents reach an agreement, the judge utilizes the arrangement when assigning custody. If they can’t, the judge allows both sides to present their wishes. To fight for custody, contact a child custody lawyer in Hyde Park today.
Where Does the Child Want to Live?
While most states require the child to reach the age of twelve, Illinois allows children under twelve to designate where they want to live. If the child’s choice reflects the most appropriate setting, the court may side with their wishes. However, the child’s well-being is a major factor in the court’s decision. If the chosen parent presents a risk to the child, the court won’t grant the child’s wishes.
Risk Factors That Affect Custody
Addiction, domestic violence, and mental instability are common risk factors reviewed in child custody cases. Additionally, the court must re-evaluate any orders of protection filed prior to or during the divorce. The conditions of the order may identify further risks. Whether or not the parent followed the terms of the protection order could affect their chances of receiving a child custody assignment. The court must protect the child from known risks that affect their well-being.
Child custody assignments are based on the right choice for the child. The court’s evaluation determines the opportunity to reduce the impact of the divorce on the child. The court reviews which environment is the most stable for the child. To learn more about these assignments and applicable laws, contact a child custody lawyer in Hyde Park or click here for further information.
