Can I Get Sole Custody in Illinois?

 Posted on October 31, 2024 in Child Custody

In Illinois, courts prioritize the best interests of the child when determining parenting time and parental responsibilities (formerly called "custody"). While joint parenting time and shared responsibilities are common, there are situations where one parent may wish to obtain sole parenting time and decision-making authority.

Getting sole parenting time and parental responsibilities is sometimes possible, but it requires meeting specific legal standards, which can be difficult to prove. If you are seeking sole parenting time in your Illinois divorce, a Kane County family law attorney can help you build a compelling case that shows getting sole custody would serve your child’s best interests.

What Does Sole Parenting Time and Parental Responsibilities Mean in Illinois?

In Illinois, "sole parenting time" means that the child primarily or exclusively lives with one parent, and that parent manages the child’s day-to-day activities. "Sole parental responsibilities" means that only one parent has the authority to make major decisions regarding the child’s welfare, such as decisions about education, healthcare, and religious upbringing.

Reasons to Seek Sole Parenting Time and Responsibilities

Courts prefer shared parenting arrangements to ensure both parents remain involved in the child’s life. However, sole parenting time and responsibilities will be more likely in situations where:

• One parent is deemed unfit due to issues such as addiction, mental health concerns, or criminal behavior.

• There is a history of domestic violence or abuse, making contact with that parent harmful to the child.

• One parent has been absent from the child’s life and has not actively participated in parenting.

• One parent has no interest in being a parent of the child’s life.

When a parent believes that sole parenting time is in the child’s best interest, that parent needs to show the court that shared parenting would be bad for the child’s health, safety, or overall well-being.

How to Request Sole Parenting Time and Responsibilities

If you are seeking sole parenting time and decision-making authority in Illinois, there are several essential steps to follow:

• File a Petition with the Court: Start by filing a petition for allocation of parenting time and responsibilities with the local family court. Include a request for sole parenting time and parental responsibilities, supported by a statement explaining why this arrangement would benefit the child.

• Show Evidence of the Child’s Best Interests: Illinois courts base their decisions on the child’s best interests, so you will need evidence to support your request.

• Request a Child Custody Evaluation: In some cases, you may request a child custody evaluation conducted by a licensed professional. The evaluator will assess each parent’s ability to meet the child’s needs and provide a recommendation to the court.

Contact a St. Charles, IL Child Custody Attorney for Help

If you are seeking sole parenting time and parental responsibilities in Illinois, contact a Kane County, IL family law attorney at Weiler & Associates, Inc.. Our team understands the challenges of protecting your child’s best interests and will work to build a compelling case for sole parental responsibilities. Call 630-331-9110 to schedule a consultation and learn more about your options.