Understanding the distinctions between legal and physical custody is important for parents who are facing divorce with children in Illinois. These terms define the rights and responsibilities each parent holds concerning their children after separation. Our firm understands that this can be a difficult time, and our goal is to provide clear information to help you make informed decisions. By understanding the differences between legal and physical custody, you can better advocate for arrangements that serve your family’s best interests.
In Illinois, the legal framework governing custody matters is outlined in the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5/). Legal custody, known as the allocation of parental responsibilities, refers to a parent’s authority to make significant decisions about their child’s life. This includes choices related to education, healthcare, religion, and extracurricular activities. Physical custody, referred to as parenting time, pertains to where the child lives and the day-to-day care they receive.
The court’s primary concern in custody cases is the best interests of the child, as specified in 750 ILCS 5/602.7 and 750 ILCS 5/602.8. Factors considered include each parent’s wishes, the child’s needs, the relationship between the child and each parent, and the child’s adjustment to home, school, and community. Our Skokie and Chicago area parenting plan attorneys help parents understand how these factors can influence the court’s decisions and assist them in presenting a compelling case for their desired custody arrangement.
Joint legal custody allows both parents to share decision-making responsibilities, requiring cooperation and effective communication. Sole legal custody grants one parent the exclusive right to make major decisions. Similarly, physical custody can be shared, or one parent may have primary custody while the other has scheduled parenting time. We work diligently to develop parenting plans that reflect your family’s unique circumstances and support your child’s emotional and physical needs.
It’s important to note that even if one parent has sole legal custody, the other parent typically retains rights to parenting time unless the court determines that such time would endanger the child’s well-being. Under 750 ILCS 5/603.10, the court may restrict parenting time if it’s deemed necessary to protect the child. We can guide you through these legal nuances to help establish a custody arrangement that aligns with your child’s best interests.
Yes, custody agreements can be modified if there is a significant change in circumstances. Under 750 ILCS 5/610.5, a parent seeking modification must show that the change is necessary to serve the child’s best interests. The process typically involves filing a petition with the court, providing evidence of the significant change, and attending a hearing. Changes might include relocation, changes in the child’s needs, or changes in a parent’s ability to care for the child. We help evaluate your situation and guide you through the legal process to request a modification.
Our team at Gordon & Perlut, LLC is dedicated to helping you navigate the challenges of child custody with compassion and professionalism. We are committed to protecting your rights and advocating for a custody arrangement that supports your child’s well-being.
If you need assistance with custody matters or have questions about parenting plans, we encourage you to contact us. Please contact our Skokie child custody lawyer at Gordon & Perlut, LLC, to schedule a consultation by calling our Chicago office at 312-360-0250 or our Skokie office at 847-329-0101. We represent clients throughout the Chicago Area from our office locations in Chicago and Skokie, Illinois, and we are here to support you every step of the way.