Seeking Sole Child Custody

 Posted on August 06, 2015 in Child Custody

Sole custody of your child means that you alone are responsible for his or her well being. There are two types of custody that you can have of your child: physical and legal.

Physical custody refers to where the child lives – if you have sole physical custody of your child, he or she lives in your home full-time rather than spending an allotted amount of time in his or her other parent's home each week or month. Legal custody refers to the right to make financial, medical, and lifestyle decisions for your child. These decisions include your child's healthcare and the religion in which he or she is raised.

As a parent, it is possible to have sole physical custody and joint legal custody, or any other combination of sole and shared custody with your child's other parent. When you have sole physical and legal custody of your child, you are responsible for meeting all of his or her needs. Your former partner may have visitation with the child, which is an amount of time set aside each week, month, or on another timetable for them to spend together.

How is Child Custody Determined?

During the divorce process, the court determines child custody by applying the factors outlined in the Illinois Marriage and Dissolution of Marriage Act to the couple's case. Depending on the child's individual needs, certain factors may be weighed more heavily than others.

Why Should I Seek Sole Custody of my Child?

There are a few reasons why it might be in your child's best interest to live solely with you. Although the court often tries to give parents joint custody of their children to allow every parent sufficient time with their child, this is sometimes not the best setup for the child. Some examples of scenarios where one parent receiving sole physical and/or legal custody of their child include:

• If one partner has a history of abuse, either of the child or of a partner;
• If one of the parents is currently suffering from a substance addiction;
• If one parent has a record of neglecting the child's needs, such as food and a clean, safe home;
• If one parent has a criminal record that includes violent or drug-related crimes; or
• If one parent has current criminal connections.

If the court feels it is in your child's best interest to grant you sole custody, it may award your former partner visitation rights. Depending on the circumstances listed above, his or her visits with the child may be monitored or subject to court-imposed restrictions.

Divorce and Family Attorneys in Kane County

When it comes to your child's custody after your divorce, there is a lot for you and the court to consider. In some cases, sole custody is the healthiest option for a family. To learn more about how child custody is determined and which type of custody agreement might be best for your family, contact Goostree Law Group at 630-584-4800 or on the web today to schedule your free legal consultation with our firm. Our skilled Kane County family law attorneys are prepared to help you today.