How is legal custody determined?

Legal custody in the state of Illinois is determined based on a number of factors that are important to the best interests of the child. The court examines the circumstances of each particular case to determine the best arrangement for the child. The court will consider the wishes and opinions of both parents, the child’s preference if they are old enough, the nature of the relationship between the parents and the child, the relationship the child has with siblings and any other extended family, and the child’s adjustment to home, school, and community. The court may also look into each parent’s ability to care for the child and provide a safe, nurturing environment, as well as each parent’s parenting and decision making skills. The court may even consider any history of domestic violence. Ultimately, the court will make a decision based on the best interests of the child and what will be in their best long-term interest.

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