Pursuing a Child Custody Arrangement: Sole Custody or Joint Custody?

 Posted on June 12, 2014 in Child Custody

Divorce by itself is complicated enough. If there are children involved, a potentially messy process becomes even messier. One of the most important issues to be resolved is child custody. Will the parents share custody? Will one parent have sole custody? Will the non-custodial parent have visitation rights? While the parents may express their wishes regarding the child custody arrangement, ultimately the court will award custody based on what is in the best interests of the child.

Deciding Between Sole Custody and Joint Custody 

When one parent has sole custody, this parent has the legal right to make all major decisions regarding the child. Those decisions include where to send the child to school and what type of medical treatment to seek. The other parent may be granted visitation rights. This arrangement might suit a family that was already accustomed to “single parenting” (for example, if one parent stayed at home with the children while the other parent worked). But just because one parent was the family’s breadwinner does not mean this parent cannot – or should not – seek sole custody. Again, the decision comes down to what is in the best interest of the child.

If the parents share custody, they will make major decisions regarding their child jointly. This arrangement might suit parents on civil terms, but it might not suit parents who cannot speak without fighting. Also, note that if the court awards joint custody, one parent will still have residential custody. The child will live with this parent, while the other (non-custodial) parent will likely have visitation rights. Note that Illinois law does not assume that equal time spent with both parents is in the child’s best interests. While the law encourages time spent with both, a child will more than likely not be split 50/50 between parents.

The Best Interests Standard

While the court will take the parents’ (and children’s) custody preferences into account, that is only one influencing factor. The court will consider other factors when determining what arrangement is in the child’s best interest, including:

• The relationship that the child has with his or her parents, siblings, or any significant person who will be present in the child’s life;
• How well adjusted the child is to his or her current home, school, and community, and whether a particular custody arrangement would require a move;
• The physical and mental health of the child and the parents;
• Each parent’s financial situation, including child support orders and maintenance awards;
• Whether either parent has a history of domestic violence or abuse or if there is evidence suggesting a potential for violence or abuse (including criminal records); and
• Whether either parent is willing to facilitate the child’s relationship with the other parent.

No particular child custody arrangement is set in stone. A court is more than willing to reevaluate if changing circumstances suggest that a current setup is no longer in the child’s best interests. But whether you are pursuing an initial child custody arrangement or seeking a change, you need an experienced Kane County family law attorney who will advocate for your child’s best interests. Contact us today for a consultation. We can assist those in the St. Charles area.