How Are Children’s Best Interests Determined in Illinois?

 Posted on January 13, 2026 in Child Custody

As of 2026, Illinois family law still requires courts to use a best-interests analysis in every case involving children, including custody and parenting time decisions. And court interference is common. For example, in a 2025 report published by the Illinois Department of Children and Family Services, more than 17,000 children and youth were listed as being in DCFS care statewide.

If you are facing a custody dispute, an Oakbrook Terrace, IL child custody lawyer at Farooqi & Husain Law Office can help you understand how those decisions are made and how they apply to your family.

What Does "Best Interests of the Child" Mean Under Illinois Law?

In Illinois, the "best interests of the child" standard has a clear legal meaning. It is not based on opinions or personal beliefs. The goal is to create a parenting plan that supports the child’s physical, emotional, and educational needs over time.

For example, under 750 ILCS 5/602.7, courts must review specific factors when deciding parenting time. These factors focus on the child’s safety, stability, and overall development, rather than on issues between the parents.

What Factors Do Illinois Courts Review When Deciding a Child’s Best Interests?

Illinois law requires judges to look at the child’s full situation. No single factor decides the outcome. Each case is reviewed on the merit of its own facts. However, some common factors include:

• The child’s physical and emotional needs

• Each parent’s ability to meet those needs

• How well parents can communicate and cooperate

• The child’s adjustment to home, school, and community

• Any history of abuse, neglect, or safety concerns

Judges weigh all of these factors together to decide what arrangement best supports the child’s stability.

How Do Decision-Making Responsibilities Affect Custody Decisions in Illinois?

Decision-making responsibilities involve major choices about a child’s life. These include education, healthcare, religious upbringing, and activities.

Under 750 ILCS 5/602.5, courts may award joint or sole decision-making authority. Judges look at whether parents can work together and make decisions without ongoing conflict.

When cooperation is not possible, courts may give one parent decision-making authority in certain areas to reduce stress for the child.

Does a Child’s Preference Matter in Illinois Custody Cases?

A child’s opinion may be considered, but it does not control the outcome. Courts may listen to a child’s wishes if the child is mature enough to express a clear and independent view.

Judges consider the child’s age, maturity, and whether the preference appears to be influenced by pressure from a parent. The focus remains on what will best support the child in the long term.

How Do Illinois Courts Consider Religion and Cultural Background?

Courts cannot favor or penalize a parent based on religion. However, a child’s religious and cultural background may matter when it affects routine, stability, and continuity.

Judges may consider whether a parenting plan respects established traditions or practices. This is especially true when those practices have been part of the child’s life for many years. The main concern is maintaining consistency for the child.

What Happens if Parents Cannot Agree on Custody Issues in Illinois?

When parents cannot reach an agreement, the court will make the decision. Judges may review testimony, school records, parenting plans, and other evidence.

Under 750 ILCS 5/603, courts may appoint a guardian ad litem (GAL) or child representative. This person investigates the situation and makes recommendations focused only on the child’s best interests.

How Can Parents Support Their Child’s Best Interests During a Custody Case?

A parent’s behavior during a custody case matters. Courts pay close attention to actions that show a focus on the child rather than conflict.

Helpful steps include:

• Following all temporary court orders

• Supporting the child’s relationship with the other parent when appropriate

• Keeping routines consistent

• Avoiding arguments in front of the child

• Documenting concerns calmly and clearly

Showing cooperation and stability can strongly influence how the court perceives you.

Contact Our DuPage County, IL Child Custody Attorneys Today

Custody decisions can affect a child for many years. At Farooqi & Husain Law Office, our attorneys can help you understand how Illinois courts apply the best-interests standard and how to present your case clearly. Attorney Naveed Husain combines his legal experience with a broad knowledge of Islamic family law, offering a unique perspective for members of Chicago’s Muslim community. Attorney Ausaf Farooqi is an experienced immigration and estate planning attorney and one of the few lawyers with deep insight into how Islamic personal law and U.S. law work together.

Call 630-909-9114 to speak with an Oakbrook Terrace, IL child custody lawyer about protecting your child’s future.