How Do Judges Know the Best Interests of a Child in Contested Divorces?

 Posted on August 14, 2025 in Child Custody

When divorcing parents cannot agree on issues involving their children, the court must make these decisions for them. In Illinois, the legal standard is "the best interests of the child." Although that may sound open to interpretation, it is not simply a vague guess. Judges base their decisions on specific legal factors, concrete evidence, and, in some cases, the recommendations of a guardian ad litem (GAL) or child’s representative after a custody evaluation.

The DuPage County child custody attorneys at Pesce Law Group, P.C. have more than 50 years of combined family law experience. Attorney Pesce is court-approved to serve as a GAL, child’s representative, or attorney for the child, giving him unique insight into how judges evaluate what is best for a child in a contested divorce.

What Illinois Law Says About the Best Interests of a Child

The Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5/602.5) lists the things a judge must consider when allocating parental responsibilities. These are not optional; the judge must address each relevant factor in the case.

Major factors include:

• The wishes of each parent and the child, accounting for the child’s maturity and capability to express a reasonable opinion

• The child’s adjustment to their current home, school, and community

• The mental and physical health of the child and both parents

• The willingness of each parent to encourage a close relationship between the child and the other parent

• Any history of violence, abuse, or neglect

• The ability of each parent to cooperate in making decisions about the child

Judges often weigh multiple factors together. For example, a child might want to live with one parent, but if that parent has a history of denying the other parent visitation, the court may find that arrangement is not in the child’s best interests.

What Kinds of Evidence Do Judges Review in Contested Custody Cases?

Judges rely on more than testimony from each parent. They can also review school attendance records, medical and counseling reports, and information from childcare providers. If one parent claims they are more involved in the child’s education, the judge will look for proof, such as attendance at parent-teacher conferences or involvement in the child’s extracurricular activities.

Witness testimony can also play a role. Coaches, teachers, or neighbors may be called to testify about a parent’s involvement or behavior. In serious cases involving allegations of abuse or neglect, the court may order a professional evaluation of the child and parents.

The Role of a Guardian ad Litem or Child’s Representative in Determining a Child’s Best Interests

When the court needs an independent perspective, it may appoint a GAL or child’s representative. This involves different actions depending on the case, but commonly, both a GAL and a child’s representative will investigate the facts by interviewing the child, parents, teachers, and others. Home visits are very common, and the GAL or child’s representative will probably want to review medical, school, and counseling records.

Once the investigation is complete, the GAL or child’s representative will share their findings and recommendations with the court. While the court is not required to follow a GAL’s recommendation, judges often give these reports a lot of weight because they are based on independent investigation and focus solely on the child’s needs.

Contact a Naperville, IL Child Custody Attorney

If you are involved in a contested divorce and want to protect your child’s best interests, contact a DuPage County, IL family lawyer at Pesce Law Group, P.C. by calling 630-352-2240 to schedule a free consultation. With more than 50 years of combined family law experience and Attorney Pesce’s court-approved role as a GAL and child’s representative, our firm can provide the focused, knowledgeable representation your case requires.