Should You Be Asking for Sole Custody?

A pair of glasses resting on a child custody document

Is It a Loaded Question?

One of the biggest issues to be sorted out in an Illinois divorce is child custody (known in the state as allocation parental responsibility). While the state of Illinois prefers to allocate parental responsibility to both parents, there are circumstances that may warrant someone to ask for sole custody of a child. If you are considering seeking sole custody, here are things you should keep in mind.

What Is Sole Custody?

Sole custody means that one parent has the responsibility to make decisions for a child. In many of these cases, the other parent will still be given visitation rights and potentially be responsible for child support payments.

Circumstances Warranting the Question

As mentioned, Illinois prefers that both parents are given parental responsibility unless one parent can prove that the other is unfit to share this decision-making power. Your decision for seeking sole custody should be made in good faith, meaning that you are choosing this option because you believe that doing so is in the best interest of your child and is not being done out of spite or harm.

There are several reasons why one may consider seeking sole custody, including the following:

  • One parent is in jail and therefore cannot care for the child.

  • One parent is not mentally capable of making decisions for the child.

  • One parent is considering relocation or is relocating out of the state.

  • One parent has a history of abusing the child.

In each of these situations, you must build a case with clear and convincing evidence that sole custody will fully meet your child’s needs. It is important to build this case on facts and not rely on tactics such as name-calling.

Utilize a Chicago Child Custody Attorney

Custody cases, especially those involving sole custody, can be extremely complex and difficult to manage on your own. Having an attorney skilled in Illinois child custody laws can help you better present your case in court. Law Offices of Jonathan Merel, P.C. is prepared to help you seek sole custody and outline your arguments to help you obtain a favorable outcome.

To set up your consultation, call our Chicago family law team at (312) 487-2795 or visit us online.

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