Fair vs. Best Interest of the Child: How Custody Decisions Really Work in an Illinois Divorce

When parents go through a divorce, one word comes up again and again: fair. But when children are involved, courts don’t actually decide custody based on what feels fair to the parents — they focus on the best interest of the child. In this episode of the Illinois Divorce Guide Podcast, Greer Howard and Bobby Buchanan continue their conversation about fairness in divorce, shifting the focus to parenting time, custody decisions, and what judges really look at when kids are involved. They break down common fears parents have, including the fear of losing time with their children, and explain how work schedules, overnights, stability, and cooperation between parents all factor into custody outcomes. This episode is a must-watch for parents navigating divorce in Illinois who want to understand how custody decisions are made and how to protect their children from unnecessary conflict along the way. ⏱️ Timestamps [01:00] – Why divorce doesn’t always feel “fair” [02:00] – How kids change the fairness conversation [03:00] – “Am I going to lose my kids?” Addressing common fears [04:00] – Why courts don’t use the word “fair” in custody cases [05:00] – What “best interest of the child” actually means [06:00] – The custody factors judges look at in Illinois [07:00] – Why keeping custody decisions out of court matters [08:00] – Encouraging a healthy relationship with the other parent [10:00] – Why bad-mouthing the other parent hurts children [11:00] – Stay-at-home parents vs. equal parenting time [14:00] – How divorce changes work, income, and parenting schedules [16:00] – Real-life strategies for making shared custody work [18:00] – Using custody as punishment or revenge — why it fails [20:00] – Work schedules, overnights, and realistic parenting plans [22:00] – Why stability and routine matter so much for kids [24:00] – Fairness vs. best interest: final takeaways [28:00] – Closing thoughts and next episode preview 👉 Subscribe for more episodes of the Illinois Divorce Guide Podcast with Greer Howard and attorney Bobby Buchanan, where we make Illinois family law easier to understand. 📩 Got questions or topics you’d like covered? Drop them in the comments below! 🔗 For more resources and legal guidance: 📺 YouTube: ‪@IllinoisDivorceTV‬ 🌐 Website: https://www.rbbfirm.com 📞 Consult Bobby’s Firm: 312-757-4833 #illinoisdivorce #divorcewithkids #childcustody #parentingtime #bestinterestofthechild #illinoisfamilylaw #divorcesupport #coparenting #familylaw #familylawattorney