Best Family Law Attorneys in Oak Park, IL

Many people believe that the term “joint custody” refers to physical custody, which is where the children reside. Although it is certainly not unheard of for judges to order a 50-50 division of parenting time, such Parental Responsibility Allocation arrangements are rare unless the parties are committed to making it work. “Joint custody” and “sole custody” are often misunderstood in Illinois. In fact, Illinois no longer uses “custody” for divorce cases; instead, a Judgment is entered allocating parental responsibilities and parenting time. “Custody” never included time spent with a child. Custody, which often led to fights over “joint” vs. “sole” custody, means the parent or parents with the right to make important decisions about the children. Instead of arguing over who gets “custody,” we now allocate the responsibilities of “significant decisions.” These decisions include (1) Education, (2) Health Care, (3) Religion, and (4) Extracurricular Activities. That’s it! Illinois law is silent on the presumption of “joint custody,” although most judges prefer that the parents share parenting responsibilities and decisions to the greatest extent possible. However, before the shared-or-sole question can be answered, there are some important preliminary matters to resolve.