LEGAL CUSTODY

Legal Custody, in short, is the term the divorce act in Illinois uses to define who has what rights with respects to a child’s major life decisions–education, religion and medical treatment.  Who gets to determine where the child will go to school, what camps, sports, daycare, etc… the child will attend, what religious faith (if any) the child will be raised in, what medical treatment the child receives–ie. are braces “necessary”, is therapy in the best interest of the child, can “we” afford the braces?

RESIDENTIAL CUSTODY

Residential Custody of a child is simply that–which parent the child predominantly resides with after the divorce.  Unlike Child Support, Residential Custody of a child can NOT be changed for 2 years following the entry of Judgment for Dissolution of Marriage absent some extreme change in circumstances or child endangerment.  After the 2 year period, there must be a substantial change in circumstance.

There are 3 types of residential custody: Primary Physical Custody, Shared Physical Custody, Split Physical Custody.

1. Primary Physcial Custody: This is a “typical” residential situation.  The child (or children) reside with 1 parent, the other parent has parenting time.  A minimum (yet generally accepted) regular parenting time schedule would be 1 evening weekly and Friday through Sunday every other weekend.  Issues of parenting time over holidays, vacations, and special events also need to be addressed.

2. Shared Physical Custody: Shared custody creates a situation where the child spends equal (or close to equal) blocks of time alternating back-and-forth between the parents.  An example would be where the child spends Saturday night through Saturday afternoon with Mom and then goes to Dad’s for Saturday evening through the following Saturday afternoon.  Another “shared” situation might be where the parties reside in separate states–the child lives with 1 parent during the school year and the other parent during vacations and Summer break.

3. Split Custody: Typically a rare residential custody arrangment.  Generally, the children are split–one with Dad, one with Mom, the other parent having parenting time.  Absent an agreement between the parties AND a valid basis for this type of arrangement, a judge will most likely NOT enter a Split Custody Award.

The facts and circumstances of every case are specific to that case.  What “works” in one case may be disastrous in another with very similar facts.  It’s the obligation of your attorney to work with you to explain this in more detail and prepare a strategy to optimize your position.

The type of residential custody is finally worked out may have an impact on child support obligations; however, using a modification in child support as a driving force for residential custody is never appropriate.

To schedule your consultation, or for more information on legal or residential custody in Illinois,

call me 630.409.8184 or e-mail: mmw@divorcelawyerdupage.com