How does a court decide whether sole or joint custody is best for a given family?

The best interest of the child is the standard for custody determination under the Illinois Marriage and Dissolution of Marriage Act (MDMA) and the Parentage Act. The emphasis in a custody determination is not on which parent is better, but on the child’s best interests considering all relevant factors, including but not limited to:

1. The wishes of the child’s parent or parents as to his custody;
2. The wishes of the child as to his custodian;
3. 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;
4. The child’s adjustment to his home, school and community;
5. The mental and physical health of all individuals involved;
6. The physical violence or threat of physical violence by the child’s potential custodian, whether directed against the child or directed against another person;
7. The occurrence of ongoing abuse as defined in Section 103 of the Illinois Domestic Violence Act, whether directed against the child or directed against another person;
8. The willingness and ability of each parent to facilitate and encourage a close and continuing relationship between the other parent and the child.

No one factor is dispositive; each factor must be weighed and considered in its relationship to all of the others shown to exist.