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What are the Differences Between Joint Custody and Sole Custody in Illinois?

joint and sole custody, Evanston IL divorce lawyerJoint Custody v. Sole Custody

In Illinois, joint legal custody means that the parents will share in all major decisions affecting their child.  Sole legal custody means that one parent is given the authority to make all major decisions affecting the child without having to consult with the other parent.

In Illinois, parents can have joint legal custody, with the child primarily residing with one of the parents. On the other hand, one parent can have sole legal custody of the child, but have equal amounts of parenting time as the other parent. Therefore, the determination of joint or sole custody will not necessarily affect how much time the child spends with either parent.  In most cases, the non-custodial parent will be granted a reasonable amount of visitation time with the child.

While there is no presumption that joint custody is in the best interest of the minor child, having both parents cooperate and involved in their child’s lives is almost always in the best interest of the child. Thus, most of the time Illinois courts will hope for joint custody. However, both parents must demonstrate to the Court that they can work together in the raising of their child.

If you are a parent involved in a custody action, your best chance at success will be to hire an experienced attorney to help you with your case. If you are in need of legal representation in a custody action, contact Weiss-Kunz & Oliver, LLC at 312-605-4041 to schedule an initial consultation.

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