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Illinois Child Custody & Illinois Child Support

Illinois courts operate, with respect to child custody and support matters, much like courts in other states in the sense that the best interests of the child or children are always paramount. In doing so, the court takes into consideration a number of factors to achieve a custody situation that is best for the child when the parents can’t agree. Following are the laws governing Illinois child custody and Illinois child support.

Illinois Child Custody:
Illinois courts will do everything possible to lessen the emotional impact on children of divorcing parents. If the parents cannot agree on custody, the courts will decide on the basis of the best interests of the child and children. It will consider all relevant factors, including the following:
1) wishes of the parents,
2) wishes of the child,
3) child-parent relationship,
4) child’s adjustment to present situation,
5) mental and physical health of all parties,
6) history of physical violence or threats,
7) abuse,
8) parent’s willingness to facilitate child’s relationship with other parent.
Illinois Child Support:
Illinois uses a formula to calculate child support based on the income of the non-custodial parent and the number of children. If the court finds that application of that formula would not be in the best interest of the child or children, it can order a different amount of support based on factors such as
1)the needs of the child;
2)the resources of the custodial parent;
3) the standard of living in the marriage;
4) physical and emotional situation of the child;
5) and the financial resources and needs of the non-custodial parent.
A lawyer can help you sort through your rights and responsibilities when it comes to childrearing after a divorce, and serve as your advocate and/or counsel when negotiating a parenting agreement.