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Sole or joint custody may be awarded, based upon the best interests of the child and upon the following factors:
(1) preference of the child; (2) the wishes of the parents; (3) the child's adjustment to his or her home, school, and community; (4) the mental and physical health of all individuals involved; (5) the relationship of the child with parents, siblings, and other significant family members; (6) any history of violence or threat of abuse by a parent, whether directed against the child or against another person; and (7) the willingness and ability of each parent to encourage a close and continuing relationship between the child and the other parent. Marital misconduct that does not directly affect the parent's relationship with the child is not to be considered. There is a presumption that the maximum involvement and cooperation of the parents is in the best interests of the child. However, this is not to be considered a presumption that joint custody is always in the best interests of the child.
For an award of joint custody, the court will also consider the following factors: (1) the ability of the parents to cooperate effectively and consistently; (2) the residential circumstances of each parent; and (3) any other relevant factor.
The parents shall prepare a Joint Parenting Agreement (which may be part of a Marital Settlement Agreement) which will specify each parent's rights and responsibilities for: (1) personal care of the child and (2) major educational, health care, and religious training decisions. The Joint Parenting Agreement will also include provisions specifying mediation of problems and periodic review of the terms of the Agreement. Joint parenting does not necessarily mean equal parenting time.
The physical residence for the child is to be determined by either: (1) an agreement between the parents or (2) a court order based on the factors listed above. [750 Illinois Compiled Statutes Annotated; Chapter 5, Sections 602, 602.1, 603.1, and 610].
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