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Illinois Child Custody
1. Joint Custody
In Illinois, joint custody is permitted where both parents are fit
to make major decisions for the children. The children typically
reside with one parent, but both parents share in the decisions for
the children regarding issues such as religion, health, education, etc.
2. Sole Custody
If a parent is awarded sole custody, he or she will have the authority
to make major decisions regarding the minor children. The other parent
may still contribute their thoughts or may object if they believe that
the decision is not in the child's best interests.
3. Residential/Physical Custody
Often, one parent is deemed to be the custodial parent and the
other is the non-custodial parent. The custodial
parent is said to have the residential or physical custody of
the children. Usually, the non-custodial parent would have
visitation rights and would pay child support to the custodial parent.
There are several exceptions this rule.
4. Removal (moving child out of state)
One of the most difficult issues in a divorce case occurs when
one parent wants to permanently move a child out of the state of Illinois.
This is not permitted without permission by the Court. When the parents
have joint custody, the issue is first mediated. If mediation does not
resolve matters, the judge will decide whether it is in the child's best interest
to be permanently removed for the state of Illinois and the other parent.
For more information on Illinois child custody, please fill out the form on the right.
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