St. Charles Sole Custody Attorneys

Sole custody refers to when one parent has exclusive parenting time, decision-making responsibility, or both. When parents share parenting time or decision-making responsibility in any way, it is typically referred to as joint custody.

Sole legal custody gives one parent the exclusive right to make decisions related to the child’s upbringing, usually pertaining to healthcare, education, extracurricular activities, and religion. While this may be a necessary arrangement sometimes, it can also lead to friction with the other parent who was not granted decision-making responsibility.

If you want to petition for sole physical or legal custody, you must show that it is in the child’s best interests in court. Under Illinois law, the court will not infringe on a parent’s right to parenting time unless it is shown that it is more likely than not that it would jeopardize the child’s “physical, mental, moral, or emotional health.” A skilled family law attorney can help you build a case for sole custody, fiercely advocating for your rights and your child’s best interests.

When the question of sole custody arises, neither fathers nor mothers are given preferential treatment in court. Instead, the courts base all decisions on the child’s best interests, taking many different factors into account, including the child’s adjustment to their home, past violence by either parent, and many other considerations. One parent may be more likely to receive sole custody if the other parent has engaged in abuse or has abandoned the family or if there are other reasons why a parent may present a risk to a child’s health, safety, or well-being.

During a custody dispute, badmouthing your co-parent in a public forum like social media could reflect poorly on you to the judge. Furthermore, trying to undermine or sabotage the child’s relationship with the other parent might also suggest that you are unwilling to cooperate, which may have negative consequences for the final custody ruling.

The courts may grant sole custody if they believe the child’s best interests are at stake, and that one parent exercising their rights to parenting time or decision-making responsibility would jeopardize the child’s well-being. For instance, the judge may consider granting sole custody if one parent has a history of abuse (physical, verbal, or sexual) or an active substance use disorder.

It may be advisable to file for sole custody if you believe that your co-parent is not fit to take care of your child on their own. An order of sole custody may also be called for if your co-parent moves in or starts cohabitating with a sex offender, as this could endanger your child.

In Illinois, legal custody is referred to as decision-making responsibility, while physical custody is called parenting time. The former refers to a parent’s right to make choices on the child’s behalf, especially as it relates to the child’s upbringing. The latter may include any times which a child is in the care of either parent.

Representation from a family law attorney is highly advisable in child custody cases to make sure that your child’s best interests are protected, even if it means taking on some financial strain. At Goostree Law Group, we can discuss flexible billing options that will fit within your financial means. In litigation for custody, we may also be able to petition to have your co-parent cover your attorneys’ fees, depending on your respective financial situations.

There are many reasons why one party might wish to seek sole custody of their child. For instance, if one parent wants to move a long distance away with their child, a sole physical custody arrangement may be appropriate. A parent might also want to seek sole custody in a high-conflict divorce or if the other parent has a history of mistreating the child.