What You Need to Know About Child Custody Arrangements

During a divorce, Illinois parents may have their own ideas about child custody arrangements, but the court is concerned with protecting the best interests of any minor children. This is done by identifying or crafting a child custody arrangement that is suited to the needs of the child, ultimately giving children stability during a time of transition. Understanding the different categories of custody is a major step toward finding an arrangement that works for your family.

In Illinois, “Child Custody” Is Now “Parental Responsibilities”

Terms Have Changed, but Concepts Are the Same

Many states use the term “custody” when discussing which parent takes care of a child and makes key decisions for them. While the concept still exists in Illinois law, the term “child custody” was eliminated in 2016. Now, the Illinois Marriage and Dissolution of Marriage Act uses the term “parental responsibilities” instead.

Many states divide custody into the categories of “physical custody” and “legal custody.” In Illinois, physical custody is called “parenting time,” and legal custody is called “parental responsibilities.”

• Parenting Time: This refers to the time a parent is allowed to spend with their child.
• Parental Responsibilities: This is the responsibility for making important decisions involving healthcare, education, extracurriculars, etc.

If you are going through a divorce or are otherwise trying to divide parenting responsibilities with the other parent, the court doesn’t automatically make decisions for you. If you and the other parent can mutually agree upon a parenting plan and submit it to the court for approval, you won’t have to go through the often lengthy court process of determining parenting responsibilities.

Who Has Custody Before the Court Makes a Decision?

Many people incorrectly assume that when parental responsibilities are disputed, the child’s mother is automatically granted custody. The court’s priority is the well-being of the child, and before any binding decisions are made, a family court judge will thoroughly review the case. But what happens before that? That depends on the relationship between the parents.

If the Parents Are Married

If the parents are married, they have equal parenting responsibilities (joint custody) unless a court decides otherwise.

If the Parents Are Not Married

If the child’s parents aren’t married and the father hasn’t established paternity, the child’s mother has sole parenting responsibilities. If a father wants to share in parenting time and responsibilities, he must establish paternity before filing a petition with the court.

Possible Custody Arrangements

If you and the other parent cannot agree on a parenting schedule — or if you want to try to get full parenting responsibilities — a judge will need to make a decision for you. Generally, there are two possible arrangements.

If you believe the other parent poses a risk to your child’s health, safety, or well-being, you owe it to your child to seek sole custody. Call Wolfe & Stec, Ltd. at 630-305-0222 for a free consultation.

Sole Allocation of Parental Responsibilities (Sole Custody)

Sole custody is an arrangement in which one parent is granted a majority share of the parenting time and the authority to make major decisions on behalf of the child. This parent is known as the custodial parent, but the non-custodial parent almost always has the right to visitation with the child. Children are better off when they can maintain a strong relationship with both parents after divorce.

Joint Allocation of Parental Responsibilities (Joint Custody)

With joint custody, both parents share parenting time and the authority to make decisions on major issues such as medical care, education, and religious training. In these arrangements, parents may be required to consult a mediator when they cannot agree upon a certain issue that pertains to their child. With joint physical custody, children will split time living with both parents, but the details of that arrangement are made on an individual basis.

How Do the Courts Determine Who Is Awarded Parental Responsibilities?

Of all family law cases, those involving parental responsibilities are some of the most painful and emotionally fraught. The job of the court is to keep the focus on the child’s well-being. To do this, it must look closely at every angle of each parent’s relationship with the child. These are some of the main factors influencing custody decisions:

The Child’s Existing Relationships with Both Parents

This is an especially important consideration. Custody disputes are already difficult for children, and uprooting a child and placing them in an unfamiliar environment with a parent they don’t know well can make it even worse.

If the child is already close with both parents and has a good relationship with them, joint allocation of parental responsibilities is a likely outcome. However, if the child barely knows one parent, the judge may be less inclined to award joint custody.

The Child’s Wishes

If the child is old enough, the court may take their wishes into account when making a decision.

The Parents’ Wishes

The parents’ wishes alone aren’t likely to sway a case. However, if a parent does not want parenting time or responsibilities, a judge isn’t going to try to convince the parent to take them.

The Child’s Mental and Physical Health

Traveling between two parents can be hard on children in good health. But if a child has significant physical or mental disabilities, that may mean they can’t handle as much traveling back and forth.

The Parents’ Financial Health

Before giving a parent custody, a judge will want to verify that they have the financial means to support the child.

The Child’s Established School and Neighborhood

If possible, family courts prefer to keep children in their existing schools and neighborhoods to minimize the disruption of their lives.

Any Abuse or Violence in the Home

Before allowing a parent to care for a child, the judge must ensure that the child will be in a safe environment. Sexual violence, domestic violence, and abuse in a home (even if it isn’t directed at the child) can have a negative impact on the child’s well-being.

Don’t Go Up Against the Illinois Family Courts Alone

The Right Attorney Can Be Your Advocate

Choosing a child custody arrangement is one of the most difficult aspects of a divorce. Parents have the right to come to an agreement independently, but a court will make decisions if they are unable to do so. An Illinois family law attorney can evaluate the individual situation and determine what options are available to a parent.

If you need help obtaining or maintaining custody of your child, don’t delay — contact Wolfe & Stec, Ltd. for help today at 630-305-0222.