What Is the Difference Between Joint and Sole Custody?

Determining Allocation of Parental Responsibilities in Illinois

In many family law cases, child custody will be among the most important considerations. Depending on each parent's expectations, how well they are able to get along with each other, and other factors, they may believe that joint or shared custody will be appropriate, or either parent may feel that they should have sole custody of their children. To ensure that these issues will be addressed correctly, it is important for a parent to work with an experienced attorney.

While changes to the law in Illinois have eliminated the term "child custody", parental responsibilities can still be allocated on a sole or joint basis. These allocations determine whether important decisions regarding the child are to be made solely by one parent or by both parents working together to protect the child's best interests. At Mirabella, Kincaid, Frederick & Mirabella, LLC, our lawyers can provide guidance on how to address these issues. We will work with you to protect your parental rights while helping you focus on providing for your children's best interests both during your divorce or family law case and in the years to come.

Options for Child Custody in Illinois

For many years, the Illinois Marriage and Dissolution of Marriage Act (IMDMA) offered two distinct child custody options for divorced, separated, or unmarried parents. One parent could be awarded sole custody and retain all authority for making important decisions regarding the child, or both parents could agree to share the decision-making responsibilities. Despite amendments that have removed the term "custody" from the law, many families are still subject to orders of sole or joint child custody from previous court rulings. New cases involving child custody will also address these issues, and parents will need to understand how sole or joint custody may be handled based on their specific situations. Allocation of Parental Responsibilities

If you are going through a divorce, separation, or breakup, you and the other parent will be expected to develop a parenting plan that outlines each party's rights and responsibilities regarding your child. You may decide to allocate significant decision-making responsibility to one parent - similar to a sole custody arrangement - or you can divide the authority between both parents, as in a joint custody situation.

Significant decisions include those related to the child's following needs:

• Education;
• Health and medical care;
• Religious training, if appropriate; and
• Extracurricular activities.

It is important to keep in mind that parental responsibilities for significant decisions do not define your relationship with your child. Even if you have not been allocated any decision-making authority, you still have the right to parenting time with your child. The only reason you would be denied parenting time is if there is evidence that spending time with you would put your child's physical or emotional health at risk. Even if there are concerns about your child's well-being, you may be able to have regular parenting time with restrictions in place, such as the requirement to have supervision present. At Mirabella, Kincaid, Frederick & Mirabella, LLC, our experienced attorneys can help you exercise your rights and ensure that you can maintain a healthy, positive parent-child relationship.

Contact Our Wheaton Allocation of Parental Responsibilities Lawyers

There is nothing more important than providing for the well-being of your children, and our lawyers are here to assist you in doing just that. Contact our office today and speak to a member of our team about your case. Call 630-665-7300 for a confidential consultation. We are proud to serve families in Wheaton, Naperville, Oak Brook, Downers Grove, and the rest of DuPage County and Northern Illinois.