When Is Sole Custody Awarded in an Illinois Family Law Case?

 Posted on March 16, 2020 in Child Custody

In 2016, the Illinois Marriage and Dissolution of Marriage Act (IMDMA) underwent major revisions. One of the biggest changes was an update to the language used to describe child custody. Instead of “child custody” and “visitation,” the terms “parental responsibility” and “parenting time” are used to describe parenting duties. Parental responsibilities refers to a parent’s authority to make major decisions about a child’s education, medical care, and other issues involved in their upbringing, whereas parenting time is the actual time that a parent spends caring for the child. Many divorced and unmarried parents split parental responsibilities and parenting time in a shared parenting arrangement, but some situations may require one parent to take on all of the parental responsibilities and/or parenting time.

Illinois Courts Typically Encourage Shared Parenting

Illinois courts usually prefer parenting arrangements that allow both of a child’s parents to be involved in his or her life. However, there are some situations in which a parent may be awarded “sole custody” or sole decision-making authority for a child. Non-custodial parents have a right to reasonable amounts of parenting time, unless there is some reason that the parent cannot adequately provide for the child’s safety and well-being. If a parent is found to be “unfit,” it is possible that the court will award the other parent 100 percent of the parental responsibilities and/or parenting time. If you wish to have all of the decision-making authority and parenting time, you will need to provide evidence to the court which proves that it is in your child’s best interests not to spend time with his or her other parent.

A parent may be considered unfit to have decision-making authority and/or parenting time if he or she cannot adequately complete caretaking tasks and keep the child safe. More specifically, a parent may not be awarded parental responsibilities or parenting time if he or she:

• Has physically, sexually, or emotionally abused the child

• Is addicted to alcohol or drugs

• Has a history of neglect or abandonment

• Has been convicted of certain violent or sex-based criminal offenses

• Has failed to protect the child from dangerous situations

Contact a Wheaton Child Custody Lawyer

If you have reason to believe that it is in your child’s best interests for you to have sole decision-making authority and parenting time, contact The Stogsdill Law Firm, P.C. to learn about your legal options. Schedule a confidential consultation with a knowledgeable Wheaton family law attorney from our firm by calling our office today at 630-462-9500.

Sources:

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2086&SeqStart=8300000&SeqEnd=10000000

http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2098