When parents separate or divorce in Illinois, one of the most important issues they face is determining the child custody arrangement for their children. Illinois law recognizes two main types of custody: joint custody and sole custody. Both arrangements have significant implications for how decisions about the child’s welfare are made and the time each parent spends with the child. Understanding the differences between these two types of custody can help you make informed decisions about your child’s future.
In Illinois, custody is generally referred to as “parental responsibilities” and “parenting time.” Parental responsibilities include making important decisions about a child’s life, such as education, health care, and religious upbringing. Parenting time refers to the physical time a parent spends with the child. The courts aim to make decisions that are in the best interest of the child, and they consider a variety of factors to determine which custody arrangement will best support the child’s needs.
Joint custody means that both parents share in making significant decisions about their child’s life. These decisions include education, healthcare, religion, and extracurricular activities. Although joint custody does not necessarily mean that the child spends equal time with both parents, it does require that both parents have an equal say in these critical matters.
Under Illinois law, joint custody is the preferred arrangement as long as both parents are willing and able to cooperate and make decisions together. According to Illinois Marriage and Dissolution of Marriage Act, 750 ILCS 5/602.1, joint custody is possible when both parents are in agreement or when the court believes that the parents can work together in the best interest of the child.
Sole custody means that one parent has the legal right to make major decisions for the child without the need for input from the other parent. The parent with sole custody typically has primary decision-making authority regarding education, healthcare, and other important aspects of the child’s life.
In Illinois, sole custody is generally only awarded if the court determines that joint custody would not be in the best interest of the child. This could be the case if one parent is unable or unwilling to make decisions cooperatively or if there are concerns about one parent’s ability to care for the child. According to 750 ILCS 5/602.3, the court may grant sole custody when it is shown that the other parent has a history of domestic violence, substance abuse, or other factors that would negatively affect the child’s well-being.
While joint custody involves shared decision-making, it does not necessarily mean equal parenting time. Parenting time refers to the time a child spends with each parent, and this is determined separately from the legal custody arrangement. Even if one parent has sole custody, the other parent may still have significant parenting time with the child unless there are specific concerns that justify limiting that time.
Illinois courts prioritize the child’s best interests when determining parenting time, and they consider various factors, including the relationship between the child and each parent, the child’s needs, and the ability of each parent to provide a stable environment.
When determining custody arrangements, Illinois courts take into account several factors outlined in 750 ILCS 5/602. These factors include:
The main difference between joint and sole custody is that in joint custody, both parents share in making decisions about the child’s life, while in sole custody, one parent has the exclusive right to make those decisions. Joint custody is generally preferred when both parents can cooperate, whereas sole custody may be awarded if one parent is unable to make decisions cooperatively or poses a risk to the child’s well-being.
Joint custody can only work effectively if both parents are able to communicate and make decisions together. If parents are unable to cooperate or frequently disagree, joint custody may not be in the child’s best interest. In such cases, the court may opt for a sole custody arrangement for the child’s benefit.
Illinois courts consider several factors when determining custody, including the child’s wishes, the relationship between the child and each parent, the mental and physical health of the parents, and any history of abuse or neglect. The court’s main focus is on what arrangement is in the best interest of the child.
Yes, you can request a modification of custody or parenting time if there has been a significant change in circumstances since the original arrangement was made. Common reasons for a change in custody or parenting time include changes in the child’s needs, relocation, or issues involving one parent’s ability to care for the child.
A child custody attorney helps a parent understand their rights and responsibilities regarding custody and parenting time. They can help negotiate custody arrangements, represent clients in court, and advocate for the child’s best interests. An experienced attorney will guide you through the legal process and work to achieve the best possible outcome for you and your child.
We understand the complexities and emotional challenges that come with recovering from financial abuse. Our team at Gordon & Perlut, LLC is dedicated to providing the support and guidance you need during this difficult time. We believe in empowering you with knowledge and advocating fiercely for your rights under Illinois law.
If you’re considering divorce and need guidance on how to protect yourself financially, we encourage you to reach out to us. Contact our Skokie divorce attorneys at Gordon & Perlut, LLC by calling our Chicago office at 312-360-0250 or our Skokie office at 847-329-0101 to schedule a consultation. We represent clients throughout the Chicago Area, and we’re here to help you take the first steps toward a more secure future.