A divorce or split from a domestic partner in Illinois may lead to questions about who will have custody of your children. You may not be aware of it, but there are actually two types of custody that the judge will make a decision about in your case. One is legal custody, and the other is physical custody.
According to FindLaw, when you have legal custody, it gives you the authority to make decisions on your child’s behalf. Be aware, though, that you will almost certainly have to share this authority with your ex. Sole legal custody is the exception rather than the rule because the courts generally presume that it is in the child’s interests to have both parents involved in the decision-making process. However, if either you or your ex believes that the other parent is deliberately making the decision-making process more difficult, it may be possible to ask the court for sole legal custody. Nevertheless, it is better for everyone if you and your ex can find a way to cooperate for the sake of your child.
When you hear the word “custody,” you probably think about where the child will live after the divorce or split. In legal terms, this is physical custody. It is becoming increasingly common for courts to order parents to share custody of their children rather than granting sole custody to one or the other. Nevertheless, there are still situations, such as when parents live far apart from one another, when sole custody may be more appropriate to the circumstances.
The information in this article is not intended as legal advice but provided for educational purposes only.