An overview of child custody in Illinois

May 18, 2013

An overview of child custody in Illinois

Article provided by Scott B. Meyer, Attorney at Law
Visit us at http://www.scottbmeyerlaw.com

Going through a divorce can be emotionally challenging, especially if there are children involved. It can help if spouses are able to work together to some degree and negotiate some of the key matters in their divorce outside of court. In many cases, if divorcing parents can agree on a child custody and visitation arrangement themselves, a judge will uphold their agreement. However, if the parents cannot reach an agreement, a judge will decide legal custody based on the best interests of the child.

The types of child custody in Illinois

Illinois has two types of child custody: joint custody and sole custody. With joint custody, both parents share custody of the child, and they also share the right and responsibility to make important decisions regarding the child, such as his or her medical treatment and education. Even with joint custody, however, the child typically lives with one parent, who is called the primary residential parent.

Parents who share joint custody must make a detailed document called a joint parenting agreement. The agreement outlines how decisions and disputes regarding the child will be addressed, as well as general rules regarding parental conduct when the child is in the care of a parent.

In some cases, one parent will be awarded sole custody of a child. This parent is called the custodial parent, and he or she has the right to make all important decisions regarding the child.

Judges do not presume that one parent is preferred for sole custody or as the primary residential parent because of his or her gender, and judges also do not presume that joint custody is best. If parents can agree on joint custody and show they can cooperate with each other regarding the child, the judge will likely accept their proposed child custody arrangement. If the parents disagree, though, the judge will make a custody decision.

The factors considered in a child custody determination

Illinois judges are instructed to make child custody arrangements that are in the best interests of the child. When making a custody decision, judges consider several statutory factors, including:
-The parents' wishes regarding custody
-The child's preferred custody arrangement
-The relationships between the child and his or her parents and any siblings
-The child's adjustment to home, school and his or her community
-The mental and physical health of the child and parents
-Any abuse, violence or threat of violence committed by a parent
-The ability and willingness of each parent to facilitate and encourage a close, continuing relationship between the child and the other parent

Child custody is one of the most important decisions made during a divorce. If you have a child and are thinking of getting divorced, contact a knowledgeable family law attorney to discuss your situation.