Chapter 750 of the Illinois Compiled Statutes contains the state’s laws for family matters. Divorced or separated parents should pay special attention to Chapter 5, Part 6 of that section because it contains information about child custody. It is crucial that parents know and understand these statutes, especially when creating a child custody and visitation schedule, because these statutes determine the information that parents must have in their schedules. Specifically, this part of the law lets Illinois parents know the terms and conditions of joint custody and how to get the court to approve a schedule, both of which affect the custody schedule.
Illinois statutes make it very clear that any court decision in any custody matter will be made in the best interest of the child. To further clarify how the best interest of the child is determined, this section of the code provides a list of things that the court considers when thinking about what is in the best interest of the child. These factors include: the wishes of the parents and the child regarding custody; the child’s interaction and interrelationship with the child’s parents, siblings, and others; the child’s adjustment to school, community and family; the willingness of either parent to foster the child’s relationship with the other parent; the health of the child and parents; and whether there has been a history of abuse or domestic violence by either parent. Therefore, when Illinois parents are creating a visitation schedule, they should think about these factors and how they influence where the child will spend time. They should be prepared to explain to the judge how the schedule benefits the child.
Chapter 5, Part 6 also includes important sections on joint custody. Illinois courts have the power to order a joint custody arrangement if it is in the best interest of the child. The law specifies two factors that influence whether joint custody is an option: the parents’ places of residence and whether the parents can cooperate and agree to a joint parenting order. Joint custody does not mean that each parent has exactly the same amount of time with the children. Rather, the parents will establish a custody and visitation schedule that gives each parent substantial time with the children. And, parents will share the parental responsibility.
In order for the court to agree to a custody and visitation schedule, the parents can work together and submit a joint plan, or each parent can submit a proposed plan and let the judge determine the final schedule. Either way, once the court adopts a schedule, it becomes a court order. Parents are legally required to follow it or may be held in contempt of court.