The Child Custody Factor Most Parents Completely Overlook But Judges Do Not
Why This Often-Missed Factor Shapes Custody Outcomes In Illinois
Most parents I work with focus almost exclusively on parenting time schedules, school choices, extracurricular activities, and day-to-day routines. These are all important, but they are not the issue that frequently drives the court’s decision. There is one factor that Illinois judges rely on heavily, yet many parents barely think about until it is too late.
This factor influences how stable your home appears, how willing you are to support your child’s development, and how capable you are of providing a reliable environment. It plays a key role in determining whether your parenting plan will stand or face major adjustments.
It is a factor rooted directly in Illinois law and supported by statutory requirements under the Illinois Marriage and Dissolution of Marriage Act.
That factor is your demonstrated ability to foster a strong and healthy relationship between your child and the other parent. Judges take this extremely seriously, and so do I when preparing a client for a parenting case.
The Factor Judges Watch Closely: Your Ability To Encourage The Parent–Child Relationship
Under 750 ILCS 5/602.7(b), courts must evaluate several “best interest” factors when allocating parental responsibilities and parenting time. One of the most influential is found in subsection (b)(13): the court must consider each parent’s willingness and ability to facilitate and encourage a close, continuing relationship between the other parent and the child.
Parents often think a judge will focus more on who provides homework help, who handles medical appointments, or who has the nicer home. But what judges consistently examine first is whether each parent demonstrates respect for the child’s relationship with the other parent. Courts want to see cooperation, reasonable communication, and a genuine effort to avoid exposing the child to conflict.
This single factor frequently outweighs competing arguments about routine, activities, and even school placement.
How Courts Interpret “Willingness And Ability To Encourage A Relationship”
Illinois law gives judges considerable discretion in determining whether a parent has encouraged or interfered with the other parent’s involvement. I routinely see courts assess this factor by looking at behaviors such as:
- Keeping the other parent informed about school events, medical concerns, and activities
- Supporting scheduled parenting time—even when parents do not get along
- Avoiding negative comments about the other parent in front of the child
- Sharing information in a timely manner instead of withholding it
- Allowing reasonable phone or video communication between the child and the other parent
- Demonstrating flexibility for the child’s benefit, not as a favor to the other parent
Illinois judges often take note of patterns. A single miscommunication usually does not impact a case, but repeated interference with the other parent’s time or information access can significantly influence the court’s final decisions.
How This Factor Impacts Parenting Time And Decision-Making Authority
When courts evaluate parenting time, they apply the best interest standard under 750 ILCS 5/602.7(a). If a parent consistently fosters cooperation and reduces conflict, that parent is often seen as better aligned with the child’s emotional needs. Conversely, if a parent obstructs communication or creates unnecessary tension, judges may allocate less parenting time or limit decision-making authority.
For major decision-making responsibilities under 750 ILCS 5/602.5, courts want to ensure that parents will communicate effectively about education, health care, religion, and extracurricular activities. A parent who refuses to work collaboratively may lose joint decision-making authority, even if they are otherwise capable.
I emphasize to clients that courts are not rewarding the other parent—they are protecting the child from unnecessary conflict.
Examples Of Behaviors That Harm Custody Cases
Even well-meaning parents sometimes make choices that ultimately damage their case. Judges often cite the following examples as evidence of interference:
- Canceling the other parent’s visits without a valid reason
- Limiting communication because of personal frustrations
- Blocking access to school or medical records
- Influencing the child to reject or fear the other parent
- Creating obstacles during exchanges
- Using the parenting schedule as leverage in unrelated disagreements
These choices may seem small in the moment, but they create a record that judges cannot overlook.
The Impact Of Communication Style On Your Case
Courts pay close attention to how parents communicate with each other. Illinois lawyers and judges often review text messages, emails, and parenting app logs during disputes. The tone and consistency of your communication can reveal whether you are genuinely cooperating or merely tolerating the court process.
Respectful, concise, and child-focused communication demonstrates maturity and stability—qualities courts value highly. On the other hand, hostile or sarcastic messages can undermine your credibility, even if you believe the other parent is the source of the conflict.
A parent who consistently communicates responsibly often gains the advantage in contested cases.
Why Judges Consider This Factor So Heavily
Illinois courts recognize that children benefit emotionally, mentally, and socially when they maintain meaningful relationships with both parents. This principle is woven throughout the statute. Judges want to reduce conflict, maintain stability, and encourage long-term development. A parent who shows support for the other parent’s relationship is seen as helping achieve these goals.
My role in these cases is to help clients understand how everyday decisions influence the court’s perception. Sometimes, small adjustments in communication or cooperation can dramatically improve how a judge views your involvement.
Call Our Schaumburg Child Custody Lawyer For Guidance On Illinois Parenting Time Issues
Parenting time disputes require careful strategy, detailed planning, and a strong understanding of how Illinois judges apply the law. The Law Office of Fedor Kozlov represents parents in Schaumburg and throughout Chicago, Illinois, providing the guidance needed to protect your parental rights and ensure your child’s well-being.
If you are facing a contested parenting time or custody issue, or if you have concerns about how the court may interpret your actions under Illinois law, contact our office today.
For experienced legal support in Illinois custody and parenting matters, call our Schaumburg child custody lawyer at the Law Office of Fedor Kozlov at (847) 241-1299 to schedule a consultation. Our firm represents parents in Schaumburg and throughout the Chicago area and is ready to assist you with all aspects of parenting time, decision-making responsibilities, and child-focused legal planning.
