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Des Plaines and Hoffman Estates Law Firm Frequently Asked Questions Video

What is “best interest of the child” standard?

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“Best interest of the child” is a creature of statute. In determining what parent should have more parenting time, whether the parent should have joint or sole parental allocation responsibilities, the court looks to what’s in the best interest of the child.

The “best interest of the child” standard consists of a multitude of different factors that will be looked at by the court in determining what is in the best interest of the child and therefore who the child should primarily reside with. What parent should have a responsibility over making major decisions, things like that.

There are several factors. They’re all set forth in the statute and if you end up going to trial on an issue of custody, or what is now known as parental allocation of responsibilities. You need to be prepared to present evidence as to each of those factors because that’s what’s relevant to the judges determination.

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