Types of Illinois Child Custody

 Posted on May 08, 2015 in Uncategorized

You or your spouse have decided to file for divorce and you are starting the divorce process and deciding which type of child custody to petition for. There are more options for child custody than before and parents are starting to consider alternative options to child custody beyond sole and joint custody. While sole and joint custody are still the most popular forms of custody agreements in a divorce, there are parents who are opting to use split custody or bird's nest custody instead.

Types of Custody

 In Illinois, custody is decided by the court and will look at the best interest of the children. The types of child custody include:

Sole Custody

Sole custody is when one parent has all the legal rights in making decisions for the children. This can include where they go to school, how they are raised, which religion they will practice, and how they will seek medical treatment if needed. It does not diminish the other parent's right to see their children, only their ability to make major decisions for them.

Joint Custody

Joint custody is when both parents decide they can work together in the best interest of their children when making major life decisions for them. They are required to communicate and decide together how their children will be raised in all aspects of their lives.

Split Custody

Split Custody is not the same as joint custody. Split custody is when there are multiple children in the family and each parent has custody of different children. This arrangement is not always looked upon as the best because courts like to keep siblings together, but they will allow it if both parents agree and the children will thrive under the arrangement.

Bird's Nest Custody

 A bird's nest custody arrangement is when there is one home established for the children in which they stay and the parents are the ones rotating their living arrangements. This agreement gives the children the stability to stay in one place and still see both parents. It allows them the ability to remain in their neighborhood and school and have holiday celebrations in one spot instead of moving around to different houses.

Best Interest of the Child

When deciding child custody, the judge will take the best interest of the children into account first. They will look at all the facts presented and decide which child custody arrangement will be best for them. There are many factors that go into deciding child custody, including the parent's and children's wishes if they are old enough. Alternative child custody agreements are on the rise and a skilled child custody lawyer can help you decide if you should request an alternative arrangement.