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Child Custody After Divorce

Posted on in Child Custody

When you and your spouse go through a divorce, it also affects your children. As much as you may fight over them, the courts get to decide with whom your children will live and what the visitation arrangement will be. About.com offers this list of factors that the court considers when determining child custody:

  • What the parents would like to do in terms of custody
  • What the child would like to do
  • The relationships and interactions that the child has with his or her parents, siblings and any other significant people in the child's life that may affect the best interest of the child
  • The mental and physical health of all the people who are involved
  • The child's home, school and community and his or her comfort
  • Any physical violence that may have occurred or threat of physical violence by either parent who may become a custodian of the child, regardless of if it was towards the child or another person
  • Any repeated abuse by the potential custodian, whether it is directed at the child or not
  • The willingness and ability of both parents to help and encourage an ongoing relationship with the child and the other parent
  • Whether or not either of the parents is a sex offender

Joint custody is also a possibility in the case of child custody if it is in the child's best interest to do so. In this case, the court would consider:

  • The ability of both of the parents to cooperate and work together consistently to raise the child together. This means that the parents must completely obey a Joint Parenting Order. The court, however, will not consider the ability of the parents to cooperate on matters that do not affect the child.
  • The residential circumstances of each parents, primarily location.
  • Any additional factors that may affect the best interest of the child.

The residence of the child will be determined by agreement of both parents or by an order of the court

If you recently began the divorce process and are considering what will happen with your child, contact a divorce attorney in Wheaton, Ill. for assistance. Stock, Carlson & Asso. LLC attorneys can help you get the best custody arrangement for your child today.

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