Is Gender Considered in Illinois Custody Cases?

 Posted on November 21, 2023 in Family Law

Many stereotypes exist when it comes to child custody. It is most important to understand that Illinois law prioritizes the child’s best interests above all else in custody situations. However, many people wonder if gender plays a role in determining custody and if there is a preference for either the mother or father. If you are going through a divorce and have concerns regarding child custody, contact a lawyer in Illinois to obtain the legal representation you need as you work through the consequential divorce and custody process. 

No Preference Based on Gender

Illinois law explicitly prohibits any preference based on gender when determining custody. The courts are required to consider each case on its merits, without any presumption that one parent is more suitable based on their gender. This approach aims to eliminate any gender bias and ensure that custody decisions are fair and unbiased. 

The number one concern of the court is making determinations that correspond with the best interests of the child involved. As a result, all custody decisions are focused on the child’s well-being and what arrangements will help support their well-being and best interests. 

Factors Considered in Custody Determinations 

When making custody decisions, Illinois courts consider a range of factors that are relevant to the child’s best interests. These factors include:

• Parental involvement – The court will assess each parent’s level of involvement in the child’s life, including their participation in activities, education, and healthcare. 

• Parenting abilities – The court evaluates the parenting skills of each parent, including their ability to meet the child’s needs, both physically and emotionally. Additionally, the court will look to ensure that the home the child goes to is a stable environment. This goes a long way in ensuring a healthy parental relationship with the child. 

• Cooperation between parents – The court considers the ability of each parent to cooperate and communicate effectively in matters related to the child’s upbringing. 

Contact a Joliet, IL Child Custody Attorney

If you are a parent going through a divorce in Illinois, rest assured that gender will not be considered when it comes time to determine custody arrangements. While custody issues can be very important for both mothers and fathers, there is a common misconception that mothers will be favored over fathers. This is not the case and should not be a concern of any father heading into a divorce. Contact the skilled Plainfield, IL child custody lawyer with Law Offices of Tedone and Morton, P.C. for legal representation in your case. Call 815-666-1285 for a free consultation.