Family law disputes can be complicated in Illinois and child custody comes to the forefront with issues that can cause long-term problems between parents. The state’s primary objective is to ensure the child’s best interests are served.
This means that the child must live in a suitable home, receive education, have health care, receive a religious upbringing as the parents see fit, have healthy nutrition, exercise, and more. Since the child can be negatively impacted by an extended disagreement, the state has specific laws in place to allocate parental responsibilities.
In general, the goal is for both parents to be in the child’s life. However, there are times when there might be sole custody. For parents who are considering requesting sole custody, it is important to know the circumstances under which it can be awarded.
Understanding child custody and when sole custody might be an option
Illinois has changed the terminology it uses when discussing child custody. Instead, it refers to issues surrounding the child as “parental responsibilities.” Still, one parent can be given predominant say in how the child is cared for, generally sole custody under a different name.
Along with the child’s best interests, extenuating factors can be considered when allocating parental responsibilities. It is up to the court to make the determination. When the child is with either parent, that parent has the sole responsibility for basic decisions that will not have a long-term impact on the child such as what they will have for dinner. More serious decisions such as emergency medical care would generally be discussed between the parents.
In general, Illinois prefers not to give one parent sole decision-making power. Still, since the child’s best interests are paramount, it is sometimes necessary. For example, some parents are incapable of providing for the child due to personal issues. If they are deemed unfit and place the child in jeopardy, then the other parent will be allowed to make the decisions without input from the other parent.
Of course, an abusive situation would not only warrant one parent to make the decisions, but it would also affect parenting time. The parent with allegations of abuse lodged against them might need to have supervision when seeing the child or could be prevented from seeing the child altogether.
Parents should be prepared with evidence if they want sole responsibility
In a family law case in which allocation of parental responsibilities is in dispute, it is imperative to be fully prepared. This is particularly true if a parent does not want the other parent to have primary say over how the child is cared for or make decisions on the child’s behalf.
Although the terminology regarding child custody has changed, the factors that are considered when the court decides in these matters hinge on the child’s needs. It is essential to have advice from the outset to have a good chance of receiving a favorable decision regardless of the perspective.