Common Child Custody Arrangements After Divorce

 Posted on December 10, 2024 in Child Custody

Divorce is never easy, especially when children are involved. Determining child custody arrangements is often one of the most challenging aspects of the divorce process. Parents want what is best for their children, but figuring out the best arrangement can be complicated. 

Illinois law offers various custody options designed to suit different family dynamics and circumstances. Understanding these options can help you make informed decisions. An Illinois child custody attorney can guide you through the process and help create a parenting plan that prioritizes your child's well-being.

What Is Child Custody in Illinois?

In Illinois, the legal concept of child custody is divided into two parts: parental responsibilities and parenting time. Parental responsibilities are the ability to make major decisions about the child’s upbringing, such as their education, healthcare, religion, and extracurricular activities. Parenting time, on the other hand, determines when the child physically spends time with each parent, whether it is during weekdays, weekends, holidays, or vacations.

Illinois courts no longer use the terms "custody" or "visitation." This change reflects the goal of emphasizing the child’s needs and ensuring both parents remain actively involved in their child’s life whenever possible. When deciding how to allocate these responsibilities, the court focuses on the child's best interests above all else.

Common Child Custody Arrangements

While every family situation is unique, several custody arrangements are frequently used in Illinois because they balance the child’s need for stability with the rights of both parents.

• Joint custody, also known as shared parental responsibilities, is one of the most common arrangements. In this setup, both parents share the responsibility of making major decisions for the child, such as where they will go to school or how their healthcare will be managed. Parenting time is also typically divided, though not necessarily equally. For instance, the child may spend weekdays with one parent and weekends with the other. Joint custody works best when parents can communicate and collaborate effectively, which can be challenging in high-conflict divorces.

• Sole custody, another common arrangement, gives one parent the exclusive right to make major decisions for the child. In these cases, the child usually lives primarily with the custodial parent, while the other parent has parenting time, such as regular visits or holiday schedules. This arrangement is often used when one parent is unavailable or unable to provide a safe, stable environment for the child.

• Split custody is far less common and involves siblings being divided between parents. For example, one child may live with the mother while the other lives with the father. Courts generally avoid separating siblings, but this arrangement might be appropriate in rare cases where it serves the children’s individual needs.

• A less traditional option is bird’s nest custody. In this arrangement, the children remain in the family home, and the parents rotate living there during their scheduled parenting time. While this approach provides stability for the children, it requires significant cooperation between the parents and additional housing for when they are not with the children.

Factors That Affect Custody Arrangements

When determining custody, Illinois courts carefully evaluate what arrangement will serve the child’s best interests. Several factors are considered, including the child’s wishes, which carry more weight as the child gets older. For example, a teenager’s preference might influence the court’s decision more than that of a younger child.

The parents’ ability to cooperate is another critical factor. Shared parental responsibilities require good communication and a willingness to work together for the child’s benefit. Courts also look at each parent’s relationship with the child, assessing how involved they have been in their upbringing. A history of active parenting, such as attending school events or managing medical appointments, can weigh heavily in custody decisions.

The stability of each parent’s home environment is also considered. The court will examine factors such as the child’s proximity to their school and friends, the safety of the neighborhood, and the availability of support networks like grandparents or extended family. Additionally, if there is any history of abuse, neglect, or substance abuse, this will also be taken into account.

Changing Custody Arrangements

A custody arrangement that works well at the time of the divorce may need to be adjusted as circumstances change. Illinois law allows parents to modify custody orders, but these changes must be approved by the court.

One of the main reasons for modifying a custody arrangement is a substantial change in circumstances. For example, if one parent moves to another state or if the child develops new medical or educational needs, these changes might warrant a modification. Additionally, if a parent fails to follow the parenting plan or engages in harmful behavior, the other parent can request a modification to protect the child.

To change a custody arrangement, you must file a petition with the court and provide evidence that the modification is necessary and in the child’s best interests. An attorney can assist you in gathering the necessary documentation, such as school records or witness statements, and presenting your case effectively in court.

How Do I Know Which Custody Arrangement Is Right for My Family?

Choosing the right custody arrangement depends on your family’s unique circumstances and your child’s needs. Start by considering factors like your work schedule, your child’s age and activities, and the level of communication and cooperation you have with your former spouse. If you and your spouse can work together effectively, a shared custody arrangement may be the best choice to ensure your child maintains strong relationships with both parents. 

However, if communication is strained or one parent cannot provide a safe and stable environment, a sole custody arrangement may be more appropriate. An attorney can help you evaluate your situation, explain the legal options available, and guide you toward an arrangement that prioritizes your child’s well-being while accommodating your family’s dynamics.

What if My Spouse and I Disagree on the Best Custody Arrangement?

Disagreements over custody arrangements are common during a divorce, and they can be stressful for everyone involved. However, Illinois law encourages parents to work together to find a solution that benefits their child. Often, parents can resolve these disputes through negotiation or mediation. 

Mediation is a process where both parents meet with a neutral third party, known as a mediator, who helps facilitate productive discussions and guide them toward a mutually acceptable parenting plan. Mediators are skilled at de-escalating conflicts and ensuring the conversation remains focused on the child’s best interests.

If mediation does not work or if one parent refuses to participate, the issue may need to be decided by the court. In such cases, the judge will consider several factors, including the child’s needs, each parent’s relationship with the child, and the ability of each parent to provide a stable and supportive home environment. Other considerations may include the child’s preferences (if they are old enough to express them), the distance between the parents’ homes, and any history of abuse or neglect.

Court proceedings can be emotionally and financially taxing, so it is often best to avoid litigation if possible. However, when disputes cannot be resolved amicably, having an experienced family law attorney by your side is critical. Your attorney can present evidence to the court that supports your position, such as testimony from teachers, counselors, or other witnesses who can speak to your involvement in your child’s life. A lawyer can also help you understand the legal standards the court uses to make its decision and ensure that your rights as a parent are protected.

While disagreements may feel overwhelming in the moment, many parents find that working through the process — whether through negotiation, mediation, or litigation — helps them ultimately establish a plan that works for their family. The goal is to create a stable, supportive arrangement that prioritizes the child’s well-being and allows them to maintain meaningful relationships with both parents.

Building a Strong Co-Parenting Relationship

Regardless of the custody arrangement, successful co-parenting is essential for your child’s happiness and development. Maintaining open and respectful communication with your former spouse can make a significant difference in the quality and tone of your co-parenting agreement. Share important updates about your child’s life, such as school events or medical appointments, and respect each other’s parenting time.

Flexibility is also crucial. While adhering to the parenting plan is important, being willing to adjust when unexpected events arise shows your child that their needs come first. Avoid speaking negatively about the other parent in front of your child, as this can create unnecessary stress and tension, and give your ex the benefit of the doubt whenever possible. It can be very easy to feel triggered by behaviors from your ex that caused problems during your marriage. However, for the benefit of your child, try to remain as objective as you can. 

At the same time, it is important to stick to the terms of the custody agreement and not to let your ex act in ways that are not good for your child or for you. If your ex consistently shows up late to parenting time exchanges, tries to avoid taking your child for visits, or is otherwise violating the custody agreement, this deserves further attention. If discussing the issues with your ex does not resolve them, get in touch with an attorney before things escalate. You may need to modify the custody order to make sure your child’s best interests are being met. 

How an Attorney Can Help with Custody Issues

Navigating child custody arrangements requires both an understanding of Illinois law and an ability to advocate effectively for your child’s needs. An experienced family law attorney can help you understand your options, whether through negotiation, mediation, or courtroom advocacy.

If you and your former spouse are able to communicate well, an attorney can guide you through the process of crafting a viable parenting plan. A parenting plan is a legal document required by Illinois courts that outlines the division of decision-making responsibilities, parenting time schedules, and how disputes will be resolved. By ensuring this plan is thorough and legally sound, your attorney can help minimize potential conflicts in the future.

When disagreements arise, attorneys play a vital role in resolving them. If mediation is unsuccessful, your lawyer can present your case to the court, supported by evidence that demonstrates how your proposed arrangement serves your child’s best interests. This can include testimony from teachers, counselors, or other individuals who can speak to the child’s needs and well-being.

Contact a DuPage County, IL Child Custody Lawyer

Determining child custody arrangements is one of the most important decisions parents will face during a divorce. By working with an experienced Elmhurst, IL family law attorney, you can navigate this process with confidence, protect your child’s well-being, and ensure your voice is heard.

If you need assistance with child custody matters, contact Weiss-Kunz & Oliver, LLC at 312-605-4041 to schedule a consultation. Our team is here to help you create a plan that works for your family and adjust it if circumstances change. Let us help you move forward with the support and guidance you deserve.