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Legal Statutes: Illinois

UPDATED January 4, 2013

Illinois Statutes


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Part VI. Custody

back to top5/602. Best Interest of Child

(a) The court shall determine custody in accordance with the best interest of the child. The court shall consider all relevant factors including:

(1) the wishes of the child's parent or parents as to his custody;

(2) the wishes of the child as to his custodian;

(3) the interaction and interrelationship of the child with his parent or parents, his siblings and any other person who may significantly affect the child's best interest;

(4) the child's adjustment to his home, school and community;

(5) the mental and physical health of all individuals involved;

(6) the physical violence or threat of physical violence by the child's potential custodian, whether directed against the child or directed against another person;

(7) the occurrence of ongoing or repeated abuse as defined in Section 103 of the Illinois Domestic Violence Act of 1986, [FN1] whether directed against the child or directed against another person;

(8) the willingness and ability of each parent to facilitate and encourage a close and continuing relationship between the other parent and the child;

(9) whether one of the parents is a sex offender; and

(10) the terms of a parent's military family-care plan that a parent must complete before deployment if a parent is a member of the United States Armed Forces who is being deployed.

In the case of a custody proceeding in which a stepparent has standing under Section 601, it is presumed to be in the best interest of the minor child that the natural parent have the custody of the minor child unless the presumption is rebutted by the stepparent.

(b) The court shall not consider conduct of a present or proposed custodian that does not affect his relationship to the child.

(c) Unless the court finds the occurrence of ongoing abuse as defined in Section 103 of the Illinois Domestic Violence Act of 1986, the court shall presume that the maximum involvement and cooperation of both parents regarding the physical, mental, moral, and emotional well-being of their child is in the best interest of the child. There shall be no presumption in favor of or against joint custody.
P.A. 80-923, § 602, eff. Oct. 1, 1977. Amended by P.A. 81-419, § 1, eff. Sept. 6, 1979; P.A. 84-795, § 1, eff. Jan. 1, 1986; P.A. 85-1417, § 1, eff. Jan. 1, 1989; P.A. 86-612, § 1, eff. Jan. 1, 1990; P.A. 87-1186, § 2, eff. Jan. 1, 1993; P.A. 88-409, § 1, eff. Aug. 20, 1993; P.A. 90-782, § 5, eff. Aug. 14, 1998; P.A. 94-377, § 5, eff. July 29, 2005; P.A. 94-643, § 5, eff. Jan. 1, 2006; P.A. 95-331, § 1125, eff. Aug. 21, 2007; P.A. 96-676, § 5, eff. Jan. 1, 2010.