Many parents considering a divorce have questions regarding custody of their children. If a parent is worried about the other parent’s behavior around their children, they may wish to seek sole custody.
If a parent feels that the other parent represents a detriment to their child, sole custody in Illinois means that only one parent will have parental responsibility. Being awarded parental responsibility enables a parent to make important decisions for their child which may include decisions regarding education, health, religion, or other activities.
Parental responsibility is typically allocated between both parents, however, one parent can voluntarily concede parental responsibility to the other parent. If it is a matter of one parent seeking sole parental responsibility, the court may allow it if it is in the child’s best interests.
Parental responsibility (legal custody) and parenting time (physical placement) may not go hand in hand. One parent may be awarded sole parental responsibility while allowing both parents to spend roughly equal time with the child. In other cases, it may be that the parent with parental responsibility has primary placement, or the majority of parenting time, if it serves the child’s best interests.
Seeking Sole Custody
If one parent believes that the other parent is unfit to have parental responsibility or parenting time, they must provide proof that the other parent is unfit while showing why they themselves can provide for the best interests of the child.
Proving a parent is unfit may include evidence of poor living conditions, records of abuse, proof of addiction issues, unemployment (inability to provide basic needs), or an overall inability to parent. Conversely, parents seeking custody should show proof that they can provide basic needs of food, shelter, clothing and love in a healthy setting.
Custody Case Process
At the beginning of a divorce or custody case, temporary orders may give only one parent custody depending on the specifics of the case and whether proof is provided that the other parent is unfit. Temporary orders are in place until the final order, which may or may not mirror the temporary orders. In rare circumstances, emergency orders may be provided in cases where a history of abuse or neglect by one parent poses a safety risk to a child.
As part of the child custody proceedings, parents are required to submit a parenting plan which describes in detail how parenting time will be scheduled (think holidays), how transportation will be handled between settings, and other pertinent issues. Even if one parent is seeking sole physical custody (parenting time), both parents will still submit a parenting plan early in the process describing their version of what parental responsibility and parenting time would look like until a final determination is made.
Child Support and Parenting Time
As far as child support, there is a formula that takes into account parents’ incomes and the parenting time schedule. If the bulk of parenting time is awarded to one parent, child custody may be ordered for the parent who has more time with the child.
Contact an Experienced Child Custody Lawyer for Help
If you are concerned about a child’s well-being in a custody dispute or worry that your spouse will try to limit time or input into your child’s life after a divorce, it is important to work with an experienced child custody lawyer who will ensure that your child’s best interests are represented. Contact Libertyville child custody attorney Ronald L Bell & Associates for immediate help today