Sole Custody vs. Joint Custody in Illinois

When parents have a divorce or legally separate, the biggest concern for them is dealing with child custody. In Illinois, custody can also be known as parenting time or decision-making responsibilities. This is where knowing the difference between sole custody and joint custody can benefit the parents to know what the expectations are and how to finalize arrangements to best support the child.

What is Joint Custody in Illinois?

Joint custody refers to shared decision-making responsibility, not about equally dividing parenting time. Both parents in a joint custody arrangement have a say in the decision that affect the child.

Main Features of a Joint Custody Arragement

• Both parents share the same authority of making decisions for the child
• Parenting time and visitation may be equal or unequal
• Requires both parents to communicate with one another

Joint custody works best when both parents understand how their separation affects the child and being able to make time to help sustain a healthy relationship with their kids.

What is Sole Custody in Illinois?

Sole custody means that only one of the parents has primary decision-making authority for their children over the other. This means the parent’s ability to spend more time with their children is awarded and maintained by the courts. The other parent still is able to make time to see their kids as long as the courts don’t restrict their visitation rights.

Key Features of Sole Custody

• One parent makes major decisions for the child
• The other parent may have scheduled parenting time
• Often used when cooperation is not possible

Sole custody may be awarded in cases involving high conflict, substance abuse, neglect, or domestic violence.

How Illinois Courts Decide Between Joint and Sole Custody

When it comes to deciding the arrangement for the couple, judges mainly focus on determining the best situation for the child. They want to be sure the child will be taken care and afforded a livelihood that is without any danger or instability. Some common aspects they look for include:

• Each parent’s ability to properly provide
• The child’s relationship to the parent
• Determining the physical and mental health of a parent
• Ensuring the child is away from any bad influences

Determining custody ownership is not specific to any one case, but is evaluated on the situation of the family as a whole.

Can Joint Custody Become Sole Custody?

Yes. Custody arrangements can be modified if there is a substantial change in circumstances and the modification serves the child’s best interests. Examples include relocation, safety concerns, or ongoing conflict that affects the child.

Contact an attorney for Sole Custody

At Spagnuolo Family Law, we will work to help you with you case to gain sole custody of your child. We understand that the process can be difficult and confusing. Contact our child custody lawyer in DuPage county will help you win your case.