Most people in Illinois think custody only refers to where a child will live most of the time. Legally, however, custody also refers to the ability of one or both parents to make important decisions for the child in such areas as medical, educational, counseling and religious choices. This decision-making ability is referred to as legal custody.
Legal custody can either be awarded jointly or solely. If a child's parents are able to get along reasonably for the benefit of the child, joint custody will often be granted. In high-conflict situations when parents are unable to work together or communicate, courts will award one parent sole custody, giving that parent the ability to make all of the important decisions for the child without consulting with the other.
It is possible for one person to have sole legal custody while the other parent enjoys liberal visitation. In addition to decision-making, the law allows courts to determine with which parent the child will primarily reside according to a visitation schedule. Parents may have equal residential custody with the child going between homes or a child may live with one parent more than with the other. In certain situations, visitation may be severely curtailed, supervised or nonexistent if the court finds the child would be in danger if in the care of one parent.
When a person wants to initiate a child custody case, he or she may want to speak with a family law attorney. A family law attorney may be able to talk about the person's individual case and help them decide which form of custody they feel is in the best interest of their child. An attorney may help his or her client by representing them in court.
Source: State of Illinois circuit court of Cook County, "Child Custody Information", October 01, 2014
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