Chapter 5, Part 6 of Chapter 750 of the Illinois Compiled Statutes contains the state’s laws for child custody. It is crucial for parents to know and understand these statutes, especially as they are creating an Illinois parenting plan and Illinois custody agreement.
The Illinois statues state very plainly that any decision by the court in any custody matters will be done in the best interest of the child. The court considers the following when determining what is best for the child: the wishes of the parents and the child concerning custody; the interaction and interrelationship of the child to the child’s parents, siblings, and others; the child’s adjustment to school, community, and family; the willingness of either parent to encourage the child’s relationship with the other parent; the health of the child and the parents; and if there has been any history of abuse or domestic violence by either of the parents.
Courts in Illinois have the power to order a joint custody agreement if it is in the best interest of the child. The law specifies two factors that influence if joint custody is an option: the resident locations of the parents and if the parents can cooperate and adhere to a Joint Parenting Order. Joint custody doesn’t mean that each parent gets exactly equal time with the children. Rather, the parents will set up a custody and visitation schedule that gives substantial time to each parent with the children. And, the parents will share in parental responsibility.
Parents should create an Illinois custody schedule that outlines the time that each parent has with the children. This schedule should include the repeating cycle of custody and visitation, a holiday schedule, vacation time, and special events. The Illinois visitation schedule is an important part of the parenting plan and custody agreement.
To get a custody and visitation schedule accepted by the court, the parents can work together and submit a plan jointly, or each parent can submit a proposed plan and let the judge determine the final schedule. Either way, once a schedule is adopted by the court it becomes a court order. The parents are legally bound to follow it or they can be held in contempt of court.