Child Custody Chicago - Learning the different types of Child Custody

Child Custody in Chicago – Learning the different types of Child Custody

By M. Scott Gordon

In our previous Blog posts we looked at Visitation Rights, learning to work with your Ex and how parents impact the health and development of children involved with Divorce. Now let’s examine the types of Child Custody in Chicago and the North Shore and learn the differences between them.  Here is what the Courts need to determine regarding Child Custody when Divorce occurs. They include:

• Primary Residence of the Child.
• Legal Custody, which includes a determination of either
• Sole Custody or
• Joint Custody

Primary Residence of the child

While it is possible for parents to agree to a split primary residence (equal time at each home), generally our Courts will not order this arrangement unless both parents are able to work very well together and it is in the child’s best interest.  Hence, in most cases a specific parent is awarded the right to have the child or children live with them the majority of the time, and the other parent having “visitation”.  When children live primarily with one parent and have visitation with the other, generally the parent whom the children primarily live with is “residential parent”, who may have sole custody or have joint custody with the other parent.  Basically, the residential parent has the child a majority of the time (and receives child support), but this is separate from the issue of “custody”.

Legal Custody

Legal Custody refers to the right and obligation to make decisions about the upbringing of the children involved.  With any type of custody, there is generally a Custody Judgment which dictates who has the right to make decisions about the child’s schooling, religious upbringing and medical care for example.  

 When parents have joint legal custody and one parent attempts to make unilateral decisions without the other parent, that parent has the right to go back to the courts and ask the judge to enforce a custody agreement. Typically, this will often be a costly process and always create more friction between the parents. 

If a parent believes the circumstances between you and your ex make it impossible to share joint legal custody (excessive disagreements, arguments or the inability to communicate what is best for the child) you can ask the courts to grant sole legal custody. Sole Legal Custody allows one parent the final say on all matters pertaining to the children involved.

Sole Custody

This type of custody is when one parent has the sole right to make primary / major decisions about your child.  It does not, however, allow that parent to simply change the parenting schedule.  Courts typically will not hesitate to award sole custody to one parent if the other is deemed unfit. For example when alcohol or drug use or charges of abuse or neglect occur the courts generally will award Sole Custody.  Also, if the parents cannot agree or cooperate regarding child issues, sole custody may be most appropriate.

 

In Cook and Lake Counties, courts typically encourage a joint custody arrangement so both parents have the opportunity to enrich the child’s life.  In these situations, parents would make joint decisions on the upbringing of the child, and a detailed parenting schedule would be put into place.   

Joint Custody

Joint custody is when parents share decision making responsibilities.  Generally, as set forth above, one parent is still designated the “residential parent”, but both parent still make the major decisions regarding their child.  Joint custody can exist if the parents are divorced, separated, no longer cohabitating or if parents have never lived together.

When parents share joint custody a schedule is typically pre-determined outlining housing arrangements, school and after care assistance. If parents cannot agree on a schedule the courts can impose an arrangement.  When parents share custody this agreement should detail out the weekly schedule, as well as holidays, summer vacations, etc.

If you are going through a divorce or have questions regarding the types of custody available and would like to speak with an Attorney at M. Scott Gordon & Associates feel free to contact us here, or call one of our offices to see how we can help. Family Law Advocate Skokie Office: 847-329-0101, Chicago Office 312-360-0250.