Would you like to pursue 50/50 custody in Illinois? If so, understanding how custody works is the first step. In Illinois, judges prefer to allow parents to decide how to split up their responsibilities and parenting time independently or during mediation outside of the court. However, when the parents cannot decide how to divide custody, a family court judge will decide.
Judges use multiple factors to determine how the parents will share custody. Except in rare circumstances, courts try to allocate parenting time in a way that maximizes each parent’s opportunity to parent. The ultimate decision regarding child custody depends on the child’s best interest.
Seeking Joint Custody
Joint custody means parents share the parenting time and parental responsibilities. There are two main types of custody, parenting time and parental responsibilities. Parenting time refers to the time each parent has with a child when they physically care for the child and make minor decisions with them, which used to be called Physical Custody. Parental responsibilities refer to the right to make decisions for the child. Parental responsibility used to be called Legal Custody.
If you would like 50/50 joint custody with your spouse, there are two ways to go about it. First, you can agree with your spouse to a 50/50 custody agreement. With the help of your lawyer, you can create a parenting schedule and agree to it. If your spouse does not want a 50/50 custody agreement, your lawyer can advocate for that type of custody arrangement in court in front of the judge.
Joint custody means that both parents share parenting time and parental responsibilities. Parents who share parental responsibilities need to work together to make major decisions in the child’s life, including the following:
- Religion
- Health
- Education, and
- Extracurricular activities
The Parenting Agreement for 50/50 Child Custody
Parents who share parental responsibilities will create a parenting agreement. When parents cannot agree, the court will create a parenting agreement, or parenting plan, on their behalf. The plan will outline the expectations and responsibilities of the child. A good parenting plan will state clearly when the child should be with each parent physically, covering the entire year.
The schedule should address deviations from the standard schedule, including snow days, vacations, school breaks, and extracurriculars. Shared parenting schedules come in many different forms. If you and you and your spouse agree to a 50/50 schedule, there are several ways to do so, such as:
- The 2-2-3 Parenting Schedule: The child lives with Parent A for two days, then Parent B for two days, then parent A for three days. Then the rotation switches.
- The 2-2-5-5- Parenting Schedule: The child lives with parent A for two days, Parent B for two days, then Parent A for five days, then Parent B for five days.
- The 7 on, 7 off schedule: the child stays with Parent A for one week and parent B for the next week
Discuss Your Case With an Illinois Divorce Lawyer
If you need representation for a divorce or child support matter in Cook County, Glasgow & Olsson is here to help. When you need an attorney, experience matters. Contact us today to learn how our experience can get you the results you deserve.