Even though Illinois law changed in 2016 to no longer use the word “custody,” including the phrase “sole custody” and “joint custody,” Illinois courts still have the authority to grant one parent sole decision-making responsibilities, if necessary. If you intend to petition the court as the parent responsible for making the sole decisions with your child, in Illinois, the court will only choose this arrangement if it serves the best interest of your child. Sole legal custody is ideal in situations where one parent is not available for consultation on key decisions involving the child’s health, education, religious upbringing and extracurricular activities.
Courts can deem one parent unfit if there has been any history of any of the following:
- Domestic violence: If one of the parents has been convicted of domestic violence, they may have the burden of compiling evidence and proving to the court they are not a physical, mental or emotional risk to the children
- Drug or alcohol abuse
- Sex offenses
- Murder or other violent crimes, especially against the other parent
The pros of being granted sole decision-making responsibilities include:
It is often easier to make major decisions when there is only one parent legally responsible for each choice.
– In some cases, it may result in greater consistency for the child.
– For families where one parent is completely absent, it is absolutely necessary for the remaining parent to be able to make critical decisions without having to consult with a parent who has made himself/herself unavailable.
The process of fighting for sole decision-making responsibilities is a difficult, time-consuming and expensive endeavor. Considering the toll the process takes on all parties involved, including the children, you should ensure you want sole decision-making responsibilities for the right reasons before heading into the battle.
If granted sole decision-making responsibilities, you are the only parent who is authorized to make decisions concerning your child. It also most likely means a child will live with you.
If one parent is granted sole decision-making responsibilities, the other parent will not have any decision-making authority. One parent alone is responsible for addressing concerns related to the child’s education, health and medical care, religious upbringing, extracurricular activities and any other issues that could have a long-term effect on the child.
When the court makes it’s decision, it will evaluate several factors such as: the wishes of the child and parents, child’s relationship with each parent and any siblings, child’s adjustment to home, school and community, mental and physical health of the child and parents, willingness of each parent to foster and encourage a close relationship between the child and the other parent and whether there is any history of domestic violence or abuse.
A noncustodial parent is entitled to reasonable parenting time (visitation), unless the court finds visitation would seriously endanger the child’s physical, mental, moral, or emotional health.
If you have any question about divorce, custody, or parenting issues, please contact me.
For a complete list of the factors Illinois courts consider when determining the best interests of the child, see 750 ILCS 5/602.5
For the complete text of the law governing allocating parental responsibility for making significant decisions for your child, see 750 ILCS 5/600.
For more on visitation, click here and see 750 ILCS 5/602.7 thur 750 ILCS 5/602.9.
