Understanding Sole And Joint Custody

At the beginning of a divorce or paternity case, parents often have misconceptions or unrealistic expectations about child custody. Specifically, they may not have a proper understanding of sole and joint custody, or understand the difference between residential and legal custody. It is critical that you understand these concepts and how custody determinations are made so that you do not engage in fruitless litigation or make mistakes that would undermine your parental rights.

As Seen On:

At the Law Offices of Jeffery M. Leving℠, Ltd., you will work with attorneys who are deeply knowledgeable about custody law and who will walk you through each step of these complicated and emotional proceedings. In fact, founding attorney Jeffery M. Leving® co-authored the drafting of the Illinois joint custody statute. He is a nationally recognized authority on child custody and related matters of family law such as fathers’ rights, with decades of experience litigating and negotiating the terms of custody in complex cases throughout the U.S.

“You would think that most dads would ask for joint custody, but this often isn’t the case. They suffer from the common misconception that it’s difficult, if not impossible, for men to get joint custody if their spouse is resisting this arrangement.”
— Jeffery M. Leving®, in How to Be a Good Divorced Dad

Residential Custody Versus Legal Custody

There are two components to child custody under Illinois law. In simplified terms, you can think of residential custody as “where” the child is raised and legal custody as “how” the child is raised.

Residential custody

Sometimes called “physical custody”, means that the child will primarily live with that parent, except during scheduled visits at the other parent’s house. Residential custody is usually what is meant by “custodial” or “noncustodial” parents. The parent with residential custody typically receives child support from the noncustodial parent.

Legal custody

Refers to the parental authority to make decisions on the child’s behalf, namely decisions regarding education and extracurricular activities, health care, religious upbringing and general welfare. When legal custody is shared, parents must communicate and come to consensus on important decisions.

Sole Custody, Joint Custody And Visitation

Sole custody (sometimes called “full custody”) means that the court vests all the powers in one parent. With proper representation, courts readily award sole custody upon verifiable evidence of child abuse, domestic violence, drug or alcohol abuse, mental illness, criminal activity or other behavior of one parent that endangers the child’s safety or well-being.

The family courts of Illinois favor joint custody. Joint legal custody means that both parents have an equal say in the child’s upbringing and decision-making, even if the child lives primarily with one parent. Joint residential custody means that the child spends time — but not necessarily equal time — with both parents. The traditional custody and visitation model (every other weekend with Dad, plus one overnight a week) is still common, but no longer the presumption. Many fathers are awarded primary residential custody or split parenting time approximately evenly. We will advocate for what is best for your child and realistic for your circumstances.

While the old “tender years doctrine” that young children need to be with their mothers has been stricken from Illinois law, there remains a residual bias in favor of moms in contested custody litigation. However, this is only a generalization and every case is fact-specific. Fathers seeking custody should not back down — and mothers seeking custody should take nothing for granted. You should always hire an experienced family law lawyer for any facet of child custody.

How Is Custody Determined?

The court’s primary concern, indeed its statutory mandate, is what is in the best interests of the child. To reach that determination, Illinois courts must consider the following factors:

  • The wishes of each of the parents
  • The wishes of the child (with extra weight to an older child’s preference)
  • The child’s interactions with each parent and others in that household
  • The child’s adjustment at home, in school and in the community
  • The health of each parent (physical and mental)
  • Physical violence or threat of violence experienced or witnessed by the child
  • Abuse of the child (physical, verbal, emotional)
  • Sex offender status of either parent
  • The propensity of each parent to foster and encourage a healthy relationship between the child and the co-parent
  • Whether one of the parents is in active military service

The court may appoint a guardian ad litem to advocate for the child’s interests and also can order a custody evaluation which involves clinical observations and interviews by a licensed psychologist or other qualified mental health provider.

Trust The Professionals Of the Law Offices of Jeffery M. Leving℠, Ltd.

From our extensive experience in custody litigation, and our familiarity with the family courts in Cook County, we know how to position clients for the most favorable outcome. We will help you explore out-of-court solutions to custody matters while preparing for the possibility of litigation. We handle all custody matters, including initial determination in divorce or paternity cases, modification of custody orders, enforcement matters, relocation hearings and appeals of unjust custody rulings.

Call our Chicago child custody attorneys at 312-473-1050 or contact us online to schedule a confidential and strategic consultation.

Testimonials

Posted on Google Google
Mike profile picture
Mike
6 days ago
Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex verifies that the original source of the review is Google.
The Law Offices of Jeffery M. Leving does incredibly important work not only for Fathers but for the children involved as well. James Hagler’s professionalism, expertise, tenacity and support was at the highest level. Thank you James for all your help.
Posted on Google Google
J (Jessica) profile picture
J (Jessica)
15 days ago
Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex verifies that the original source of the review is Google.
Looking for a good attorney is like shopping for a handbag. 🤔A fast fashion Coach purse or a handmade durably crafted Hermés Birkin bag? I chose the latter. Attorney Hagler is the best. 👍If you’re looking for a lawyer who is highly competent, deeply patient, and genuinely invested in guiding families through difficult transitions, he is absolutely worth the investment. Yes, this firm’s rate is on the higher end 💰— but it’s proportional to the return on investment. If you do the long term math, it’s worth every dollar. 💵 With Attorney Hagler at The Law Offices of Jeffery M. Leving, you truly get what you pay for: premium advocacy, measured judgment, and a level of professionalism that protects both your case and your peace of mind.❤️
Posted on Google Google
Blake Skeep profile picture
Blake Skeep
37 days ago
Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex verifies that the original source of the review is Google.
I have thus far enjoyed the assurance and relief that Michael Ochoa and Julia Keszycki have given me during my use of Jeffery M Leving Law. Everyone there has been attentive to my goals and concerns, and having a case over an hour away from the main office has not created any hurdles for me or my son. I highly recommend reaching out to this law office to familiarize yourself with what your potential can be in your respective courtroom scenario.
Posted on Google Google
junior salazar profile picture
junior salazar
37 days ago
Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex verifies that the original source of the review is Google.
I appreciate the people at Jeffery Levings especially Micheal Ochoa, who has represented me , for representing me in my custody battle. They show compassion and understanding and will fight for us fathers who just want to be father's. They fight for fathers rights!!
Posted on Google Google
Wayne Sivels profile picture
Wayne Sivels
37 days ago
Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex verifies that the original source of the review is Google.
Excellent services provided by my Atty's at Jeffrey Leving Ltd. I cannot thank Atty's Anthony D' Agostino and Arthur Kallow of the law offices of Jeffery Leving for saving me from an unjust situation. The State claimed I owed child support for a child who became an adult decades ago. I was facing an absolute nightmare. They suspended my driver's license and put a lien on property that I didn't even own. It was a terrible ordeal that took a massive toll on my finances and health. Anthony and Art stepped in and fought with true passion on my behalf. Thanks to their tireless efforts and willingness to go to great lengths for justice,the claimed arrearages were completely zeroed out. They literally saved me from this continuing nightmare and gave me back my life. I highly recommend D'Agostino and Kallow and the Law Offices of Jeffery M. Leving to anyone who needs aggressive, brilliant representation. They are worth every penny.
Posted on Google Google
Grace S profile picture
Grace S
38 days ago
Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex verifies that the original source of the review is Google.
Michael Ochoa is an excellent Attorney at Law. He is a true professional, compassionate and always took the time to explain things clearly. My divorce case was exceptionally complicated due to my ex-husband's mental illness. I am incredibly grateful to the Law Offices of Jeffery M. Leving, Ltd especially to Michael Ochoa for his help and support during one of the most difficult times in my life. I highly recommend Michael Ochoa to anyone going through a divorce.
Posted on Google Google
Aliyah Shields profile picture
Aliyah Shields
38 days ago
Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex verifies that the original source of the review is Google.
Michael Ochoa of Jeffery M. Levine has done and continues doing a great job on my child custody case. He works hard in detail and great with communication. Highly recommend!
Posted on Google Google
Lilia Malacina profile picture
Lilia Malacina
38 days ago
Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex verifies that the original source of the review is Google.
Top flight family law firm that will work tirelessly for the best results.
Posted on Google Google
Kaleb Wright profile picture
Kaleb Wright
58 days ago
Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex verifies that the original source of the review is Google.
I met Anthony D’Agostino today at Law Office Of Jeffery Leving for a consultation and he’s an amazing attorney passionately helping fathers obtain custody and exceptional time with their kids. Anthony is a father himself so; he understands about life situations when it comes down to father’s rights. Us real fathers in the world deserve the same as mothers we don’t get that much praise but Anthony D’Agostino is the attorney to make a difference for fathers and your voice will be heard. Kaleb W.
Posted on Google Google
Marrlow Epps profile picture
Marrlow Epps
73 days ago
Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex verifies that the original source of the review is Google.
Mr. Brain Gilbert did a good job helping me support my fatherhood rights, thanks again sir

Contact Us

This field is for validation purposes and should be left unchanged.