750 ILCS 5/602 Best Interest of Child
Sec. 602. Best Interest of Child.
- The court shall determine allocation of parenting time formally custody in accordance with the best interest of the child. The court shall consider all relevant factors including:
- The wishes of the child’s parent or parent’s as to his custody;
- The wishes of the child as to his custodian;
- 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;
- The child’s adjustment to his home, school and community;
- The mental and physical health of all individuals involved;
- The physical violence or threat of physical violence by the child’s potential custodian, whether directed against the child or directed against another person;
- The occurrence of ongoing or repeated abuse as defined in Section 103 of the Illinois Domestic Violence Act of 1986 [750 ILCS 60/103], whether directed against the child or directed against another person;
- The willingness and ability of each parent to facilitate and encourage a close and continuing relationship between the other parent and the child;
- Whether one of the parents is a sex offender; and
- 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 [750 ILCS 5/601], it is presumed to be in the best interest of the minor child unless the presumption is rebutted by stepparent.
- The court shall not consider conduct of a present or proposed custodian that does not affect his relationship to the child
- Unless the court find the occurrence of ongoing abuse as defined in Section 103 of the Illinois Domestic Violence Act of 1986 [750 ILCS 60/103], 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.
(Source: P.A. 86-612; 87-1186, | 2; 88-409, | 1; 90-782, | 5; 94-377, | 5; 94-643, | 5; 95-331, | 1125; 96-676, | 5.)