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There are certain factors courts take into account when deciding who gets custody of the children. Almost all courts use a standard that gives the "best interest of the child" the highest priority when deciding custody issues.

The following are considered when determining what is in the best interest of the child:

• The child’s age, sex and mental and physical health;
  
• The parent’s lifestyle and other social factors, including whether the child is exposed to secondhand smoke and whether that parent has been abusive, as defined by the IL Domestic Violence Act;
  
• The emotional bond between parent and child, as well as the parent’s ability to give the child guidance;
  
• The parent’s ability to provide for the child;
  
• The child’s established living pattern, e.g.;
• • school,
  • home,
  • community,

  • church;
    
• The quality of the child’s education in his or her current situation;
  
• The impact on the child of changing status quo;
  
• The child’s preference, if the child is of a mature age.
  
• Any other factor the court may find appropriate.

Types of custody:

Sole Legal Custody:

Sole Legal Custody: One parent has the sole legal custody and is the only parent who has the legal authority to make major decisions on behalf of the child including decisions regarding education, religion, and healthcare.

Joint Legal Custody:

Joint Legal Custody: Both parents have the legal authority to make major     decisions for the child. Parents can have joint legal custody without having joint physical custody.

Sole Physical Custody:

Sole Physical Custody: The child physically resides at one location. Usually, the noncustodial parent is awarded generous visitation rights including sleepovers.

Joint Physical Custody:

Joint Physical Custody: The child lives with one parent for part of the week or part of the year and lives with the other parent the remainder of the time.

Birds Nest Custody:

Birds Nest Custody: The child lives in one central location and the parents rotate in and out of the child’s home on a regular schedule.

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