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Chicago Child Custody Lawyer
Dedicated To Children

D. Siegel, Esq.
19 S Lasalle Street
Suite 707
Chicago IL 60603

Phone773-276-6868
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Factors

Evidence
Factors
Fitness of Parent
Joint Custody

Modification
Natural Parents
Preference of Child
Removal of Child

Standard of Review
Witnesses

Tender Years Doctrine

Factors

___In General
   This Act does not mandate a recital of the specified factors in the judgment order or require written findings in any other form.  Allen v. Allen

___Considered
   Trial court’s temporary order was not contrary to the manifest weight of the evidence where the record showed that the trial court heard evidence that touched on various factors, including those listed in the section.  Levy v. Skilling
   The judgment below could not be affirmed as consistent with the best interests of the children when the judgment was silent as to those factors which this section required that the court consider.  Wurm v. Wurm
   The determining factor in a custody case is the best interests of the child and the decision whether or not to modify the child’s custody rests upon the court’s determination as to where that interest lies.  McWilliams v. McWilliams

___Statutory
   In determining the best interest of the child in a custody proceeding, the factors enumerated in subsection (a) of this section are not an exclusive list of factors; the trial court is not required to make specific findings for each factor so long as the record reflects that evidence of the factors was considered by the trial court before making its decisions.  In re Diehl
   The record adequately reflected that the trial court considered the factors listed in this section in awarding custody.  In re Slavenas
   Where a trial court heard considerable evidence relating to the factors listed in this section, including the wishes of parents, the inter-relationship of the child with her parents and others who may significantly affect her adjustment to her home, the mental and physical health of all persons involved, and the stability of the environment available to her, the trial court did not err.  Melear v. Melear
   This section clearly does require some indication in the record that the trial court considered the factors listed.  Melear v. Melear

___Unspecified
   The statutory list of factors to be considered is not exclusive, nor must trial judge recite each factor upon which the court’s determination is made; but where non-statutory factors are considered determinative of the custody decision, such factors should not remain obscure, and must be supported by the record.  Hall v. Hall
   This section does not require that any specific findings or recitals be made; there is compliance with this Act where the record contains sufficient evidence concerning the specified factors.  Hollo v. Hollo

Failure to Pay Support
   Father’s failure to pay child support was both are relevant and proper factor in determining the best interest of the child.  Soraparu v. Soraparu

 

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