What Matters
A custody dispute can result in the most bitter of divorce battles. If you and your spouse cannot come to an agreement, a judge will decide for you. The Judge will consider “the best interests of the child.” In making the decision, the judge will consider the:
- Quality of the relationship between the child and each parent,
- Child’s adjustment at home, school and community,
- Mental health of all involved,
- Physical and emotional safety of the child, and
- The willingness of each parent to encourage a relationship between the child and the other parent.
If you have been wronged by your spouse, it is natural to be angry at them. However, the Judge may count the anger against you if he feels it is interfering with your ability to raise your child or the child’s relationship with the other parent.
Conclusion: Try to put anger aside.
Joint legal custody is only awarded to parents who can communicate well with each other. An amicable divorce is considered a basic element of this. A judge will be reluctant to award joint legal custody to a couple who is not able to come to an agreement on their own. Thus, you should try to resolve this issue before trial.
If you have to take the joint custody issue to trial, you will need to establish a history of cooperation between you and your spouse. You will need to convince the judge that the current disagreement is temporary and that both parents will be able to cooperate in the future.
Conclusion: Focus on joint parenting agreement.
Generally, Illinois family law judges do not award parents joint residential (physical) custody. It is assumed that children benefit from the stability of living in only one place.
In the old days, it was much more common for parents to be awarded joint residential custody. This was often overwhelming for the child. Every week (or six months) the children would have to pack up and move to the other parent’s home. The children would miss their old friends, schools and the lifestyle to which they to which they had become accustomed.
It is possible, however, for parents to get joint residential custody if both parents get along and live near each other. So – if you can prove that joint physical custody will not affect your child’s friends, school or emotional stability – you may be able to convince the judge that joint residential custody is what is best for the child.
Conclusion: If you want joint residential custody, you need to show the judge that your child not be negatively affected by the arrangement.
