Types of Custody Arrangements in Illinois

 Posted on April 22, 2014 in Divorce

Often, the most difficult aspect of a divorce is determining who will care for the children and who will make decisions regarding their welfare. Illinois courts will use a “best interests of the child” standard when awarding custody. In applying that standard courts have flexibility to settle on many different types of custody arrangements.

Types of Custody in Illinois According to Illinois law, there are several different types of custody arrangements available to divorcing couples. Temporary Custody - A limited custody pending a full custody hearing. Temporary custody is determined based on the best interests of the child. Filing for temporary custom is often the first step to formalizing custody. Sole Custody - When a single parent has both legal custody (e.g., the right to make long-term decisions for the child) and physical custody (e.g., the right to have the child live with the single parent). Under sole custody, the child has only one primary residence, and the parent with sole custody makes decisions for the child, including decisions regarding education, discipline, religion, or other matters of significance. Joint Legal Custody - A situation in which both parents share responsibilities for the care and control of the child, but the child lives with just one of the parents (e.g., has only one primary residence). Under joint legal custody, the both parents work together to make significant decisions for the child. Joint Physical Custody - Custody in which child spends significant time living with both parents (e.g., where the child has two residences). In a joint physical custody arrangement, the child does not need to spend an equal amount of time with each parent. Additionally, one parent may have sole legal custody, even though both parents share physical custody. Split Custody - Includes a situation in which there are two children and each parent is granted physical custody over one child. Joint Custody Agreements Parents may make their own custody agreements that include any combination of physical and legal custody. However, courts will examine such agreements in light of the best interests of the child. If parents have a history of fighting over matters of child rearing--such as decisions regarding the child’s education, religion, socialization, or the like--courts will be less likely to award joint legal custody. Additionally, Illinois courts may examine other factors when considering joint custody arrangements, such as:

• Willingness of the parents to share custody;
• Preferences of the child;
• Ability of each parent to provide a stable school and social life for the child;
• Proximity of each parent’s residence to each other and to the child’s school;
• Employment considerations, such as what hours a parent works and how often they must travel; and
• Financial means of each parent.

In addition to the above factors, the court will also seek to ensure that each parent is sincere in their desires for custody--that custody arrangements are not a bargaining chip for other matters relating to the divorce. Contact an Illinois Custody Lawyer If you are considering divorce and have questions about how an Illinois court will determine the custody of your children, it is vital that you contact a skilled attorney. The lawyers at Goostree Law Group are dedicated to helping individuals throughout suburban Chicago involved in custody disputes understand their rights. Contact us today to schedule your free consultation.