A minor's best interest stands independent of all other considerations, even that of a parent's right to custody. In re J.L., 308 Ill. App.3d 859, 864 (1999). The trial court is given "broad discretion" (Stilley, 66 Ill.2d at 520) and "great deference" (Marriage of Divelbiss, 308 Ill. App.3d at 207) in matters involving minors.
A child's best interest takes precedence over any other consideration, including the natural parent's right to custody. See In re S.J., 364 Ill. App. 3d 432, 442 (2006) (the superior right of a parent to custody of his minor child is not absolute and must always yield to the minor's best interest); In re J.L., 308 Ill. App. 3d 859, 864-65 (1999). ¶ 50 In assessing a minor's best interest, the trial court is to look to all matters bearing on her welfare.
A child's best interest takes precedence over any other consideration, including the natural parent's right to custody. See In re S.J., 364 Ill.App.3d 432, 442, 301 Ill.Dec. 308, 846 N.E.2d 633 (2006) (the superior right of a parent to custody of his minor child is not absolute and must always yield to the minor's best interest); In re J.L., 308 Ill.App.3d 859, 864–65, 242 Ill.Dec. 359, 721 N.E.2d 638 (1999). Accordingly, it is not even necessary for a court to first find the minor's parents unfit or that they forfeited their custodial rights if a best interest determination shows that the minor should be placed with someone other than her parents.
A child's best interest takes precedence over any other consideration, including the natural parent's right to custody. See In re S.J., 364 Ill. App. 3d 432, 442 (2006) (the superior right of a parent to custody of his minor child is not absolute and must always yield to the minor's best interest); In re J.L., 308 Ill. App. 3d 859, 864-65 (1999). Accordingly, it is not even necessary for a court to first find the minor's parents unfit or that they forfeited their custodial rights if a best interest determination shows that the minor should be placed with someone other than her parents.
A child's best interest takes precedence over any other consideration, including the natural parents' right to custody. See In re S.J., 364 Ill. App. 3d 432, 442 (2006) (the superior right of a parent to custody of his minor child is not absolute and must always yield to the minor's best interest); In re J.L., 308 Ill. App. 3d 859, 864-65 (1999). Accordingly, it is not even necessary for a court to first find the minor's parents unfit or that they forfeited their custodial rights if a best interest determination shows that the minor should be placed with someone other than his parents.
A child's best interest takes precedence over any other consideration, including the natural parents' right to custody. See S.J., 364 Ill. App. 3d at 442 (the superior right of a parent to custody of his minor child is not absolute and must always yield to the minor's best interest); In re J.L., 308 Ill. App. 3d 859, 864-65 (1999). Accordingly, it is not even necessary for a court to first find the minor's parents unfit or that they forfeited their custodial rights if a best interest determination shows that the minor should be placed with someone other than his parents.
Courts must remain ever mindful that "the overriding purpose of the Act to which all other goals are subordinate is the best interest of the child involved." In re J.L., 308 Ill. App. 3d 859, 865 (1999), citing In re Beatriz S., 267 Ill. App. 3d 496, 500 (1994). Even the superior right of a natural parent must yield unless it is in accord with the best interests of the child.
¶ 46 Additionally, a trial court "may consider the nature and length of the child's relationship with his present caretaker and the effect that a change in placement would have upon 11 his emotional and psychological well-being." See In re Jaron Z., 348 Ill.App.3d 239, 262 (2004) (citing In re J.L., 308 Ill.App.3d 859, 865 (1999)).
See In re Jaron Z., 348 Ill.App.3d 239, 262 (2004) (citing In re J.L., 308 Ill.App.3d 859, 865 (1999)).
Keeping Mariah with her current foster family serves Mariah's need for permanence. See In re J.L.,308 Ill. App. 3d 859, 865-66 (1999). The social worker found that Mariah's foster family had bonded with Mariah and provided her a safe and nurturing environment.