When parents separate or divorce in Illinois, child custody is a key issue that must be addressed. Understanding the different types of custody is important as it will determine how decisions are made for the child’s upbringing and who the child will live with.
What is physical custody?
Physical custody refers to where the child will live. Physical custody can be either joint or sole. Joint physical custody means the child spends substantial time living with both parents. It doesn’t necessarily mean an equal split, but both parents will have significant involvement in the child’s daily life. Sole physical custody means the child primarily lives with one parent, but the non-custodial parent may still have visitation rights.
What is legal custody?
Legal custody, also known as the “allocation of parental responsibilities,” involves making significant decisions about the child’s upbringing, including education, healthcare, and religious training. Like physical custody, legal custody can also be joint or sole. Joint legal custody means both parents share in making these important decisions. Sole legal custody means only one parent has the authority to make decisions regarding the child’s welfare.
How does Illinois determine custody arrangements?
Illinois courts determine child custody based on the child’s best interests, considering factors such as the child’s relationship with each parent, the parents’ ability to cooperate, and the child’s wishes if they are old enough to express them. The goal is to ensure that the child’s physical, emotional, and psychological needs are met.
If parents cannot agree on custody, the court will intervene to make the final decision. In some cases, the courts require a parenting plan, detailing how both parents will share responsibilities and time with the child.