How To Get 50/50 Joint Custody in An Illinois Divorce or Parentage Action

In an Illinois divorce, you can lose a lot.  You can lose your assets and you can lose time with your kids.  In the end, you can make more money but you can’t get back time with your kids. For most parents, the most parenting time they can ever hope for is a 50/50 joint custody arrangement with the other parent.  So, how do you get a 50/50 joint custody order in Illinois divorce? 50/50 custody is not the default in Illinois but it can be achieved. “[C]ourts have traditionally viewed 50/50 joint parenting time with caution” and “[i]n cases where the evidence clearly showed that parents had too much animosity to be able to cooperate, 50/50 arrangements have been set aside.” In re Marriage of Virgin, 2021 IL App (3d) 190650  Understanding Custody In An Illinois Divorce. There is no custody in Illinois.  At least not since when the Illinois legislature changed the law to eliminate the word “custody.” The Illinois legislature did the right thing, the word “custody” is simply too charged with meaning in our society.  There is almost no greater taboo in America than for a woman to “not have custody” of her kids.  This leads to an all-or-nothing confrontation between moms and dads when it comes spending time with their children, as both parties want “custody.” In lieu of custody, we now have the twin concepts of “parenting time” and “decision-making responsibilit.y” Parenting time is the parenting schedule, who has what time with what child. Decision-making responsibility is who gets to make what decisions for the children. Both of these matters, if not agreed, are decided by the Illinois family law court based on the “best interests of the child.” “The court shall allocate parenting time according to the child’s best interests.” 750 ILCS 5/602.7(a) “The court shall allocate decision-making responsibilities according to the child’s best interests.” 750 ILCS 5/602.5(a) It’s all well and good to have a specific schedule with your children and to make specified decisions for your children.  But, kids are kids.  Things will change dramatically and sometimes the spirit of the final agreement is more important than parsing out each parent’s individual responsibilities.  Often, you just want to know that, no matter what happens, you’re going to effectively have 50/50 joint custody. I think this is a fine goal, and I suggest you read below on how to get 50/50 […]

from Russell D. Knight | Family Lawyer Chicago https://rdklegal.com/how-to-get-50-50-joint-custody-in-an-illinois-divorce-or-parentage-action/