FATHERS RIGHTS "BEST INTERESTS" PAGE
HOW TO PROVE YOUR CUSTODY OR VISITATION IS IN THE BEST INTEREST OF YOUR CHILD
ALL INFORMATION IS PROVIDED BY EXPERIENCED FATHERS RIGHTS ATTORNEYS WHO ACTUALLY WIN CASES!
CAUTION : "BEST INTERESTS" OF A CHILD IS DEFINED BY CASE LAW AND STATUTES THE JUDGE MUST FOLLOW. A SOCIAL WORKER'S OR DOCTOR'S NON LEGAL DEFINITIONS OF, OR ARGUMENTS AND BOOKS ABOUT BEST INTERESTS ARE USUALLY LEGALLY IRRELEVANT AND MAY CAUSE YOU TO LOSE YOUR CUSTODY CASE. FOLLOW THE LAW, NOT WHAT YOU OR SOMEONE ELSE THINKS THE LAW SHOULD BE!
§ 750 ILCS 5/602. Best Interest of Child (The Illinois statute, typical of many states)
Sec. 602. Best Interest of Child. (a) The court shall determine custody in accordance with the best interest of the child. The court shall consider all relevant factors including:
(1) the wishes of the child's parent or parents as to his custody;
(2) the wishes of the child as to his custodian;
(3) the interaction and interrelationship of the child with his parent or parents, his siblings and any other person who may significantly affect the child's best interest;
(4) the child's adjustment to his home, school and community;
(5) the mental and physical health of all individuals involved;
(6) the physical violence or threat of physical violence by the child's potential custodian, whether directed against the child or directed against another person;
(7) the occurrence of ongoing abuse as defined in Section 103 of the Illinois Domestic Violence Act of 1986 [750 ILCS 60/103], whether directed against the child or directed against another person; and
(8) the willingness and ability of each parent to facilitate and encourage a close and continuing relationship between the other parent and the child. ........THIS PARAGRAPH OFTEN WILL WIN YOUR CASE!!!!! THE GUIDE TO FATHERS RIGHTS GIVES YOU TACTICS TO TAKE ADVANTAGE OF AND PROVE UP THIS FACTOR.
(b) The court shall not consider conduct of a present or proposed custodian that does not affect his relationship to the child.
(c) Unless the court finds the occurrence of ongoing abuse as defined in Section 103 of the Illinois Domestic Violence Act of 1986 [750 ILCS 60/103], the court shall presume that the maximum involvement and cooperation of both parents regarding the physical, mental, moral, and emotional well-being of their child is in the best interest of the child. There shall be no presumption in favor of or against joint custody.
This statute's terms are further defined by case law. Consult the Guide to Fathers Rights and local counsel for application to your case facts.
YOU MUST ADDRESS EVERY LEGAL FACTOR IN YOUR OPENING AND CLOSING ARGUMENTS AND OBJECT TO ANY OTHER IRRELEVANT MATERIAL OR TESTIMONY
Many useful statutes, documents and tactics not available here or elsewhere are found in the "CUSTODY/DIVORCE KIT" available by clicking the link below.
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