Almost 50 percent of marriages in the United States end in divorce, which affects 1.5 million children every year. Studies show that the greater the conflict between parents during and after divorce, the more difficult it is for kids to adjust to the split. One particular source of conflict arises when parents cannot agree on a custody arrangement. Unfortunately, contentious custody battles heighten tensions and thus exacerbate the problem.
While the court will determine what custody arrangement will serve the best interests of your children, the parents’ wishes are a relevant consideration. That is why it is important to understand your options. Generally, there are two main custody arrangements: sole custody and joint custody. Neither option is “better” than the other. Remember that every family is different, so an arrangement that works for your neighbor might not work for you.
Should One Parent Have Sole Custody?
When one parent has sole custody, that parent has the legal right to make all major decisions regarding the children. This includes the right to decide on medical treatment and where to send the kids to school. The children will also live with this parent, though the other parent may petition for visitation rights. The other parent will also be on the hook for child support until the children are 18 years old or graduate from high school (as long as they are under age 19).
Sole custody might be a good option for families where one parent was the primary breadwinner while the other parent stayed home with the children. When considering this arrangement, the court will weigh the children’s relationship with each parent and whether sole custody would cause the least disruption in the children’s everyday routine. Just because you were the primary breadwinner, however, does not mean you cannot — or should not — seek sole custody. The court considers numerous factors when determining what is in the children’s best interests, including each parent’s financial ability to care for the family.
Should Both Parents Share Custody?
When parents have joint custody, they share the legal right to make major decisions regarding their children. Note, though, that one parent will have residential custody, and this is with whom the children will primarily reside. As with sole custody, the other (non-custodial) parent may petition for visitation rights and will likely be required to pay child support. Currently, Illinois law does not presume that equal time spent with both parents is in a child’s best interests, but a court will encourage an equitable division of time between fit and willing parents.
Joint custody is a good option for parents who can communicate civilly. Inability to get along is not a deal breaker, however. Another factor courts consider is whether each parent would facilitate the children’s relationship with the other parent. That could affect whether a court awards sole or joint custody and/or the extent of visitation rights. However, if joint custody can not be worked out by the parents, the court will order or a Guardian ad Litem will recommend sole custody.
We understand the strain that divorce puts on families, especially when children are involved. We can help smooth the process while achieving the best custody arrangement for your family. Contact one of our experienced family law attorneys today. We can assist those in Chicago and the surrounding counties.