Who Gets Primary Custody in an Illinois Divorce?

 Posted on December 20, 2023 in Child Custody

Divorce can be very difficult for parents, who know that they will likely spend less time with their child as a result. One of the biggest questions on your mind might be who will get primary custody. The answer depends on a group of factors listed in Illinois law. No single factor controls the equation. Rather, the court will consider all factors together in order to determine what is in the child’s best interest. Neither a mother nor a father is guaranteed or even expected to get more parenting time based on their gender or status as the parent who gave birth. Rather, the court will consider each case individually. The family dynamics are different in each case. A guardian ad litem will likely be appointed to help the judge understand how each child custody factor applies in your particular case. It is critical to be represented by a qualified Naperville, IL, child custody lawyer

Illinois Child Custody Terminology 

Understanding the language the court will use when discussing your case can help you understand how the court views custody decisions. First, the term “child custody” is no longer used at all. Physical custody is now called “parenting time,” and legal custody is now called “parental responsibility.” A parent no longer has “visitation” with their child - they have parenting time, but less of it

Are Mothers More Likely to Get a Majority of the Parenting Time in Illinois?

While statistically, mothers with opposite-sex co-parents are more likely to come out ahead on parenting time, this is not because mothers are legally favored. This is simply because even in 2023, mothers are more likely to be their child’s primary caregiver. Courts tend to favor the parent who is shown to be more involved in their child’s life. In cases where the father provides most of the child’s care while the mother works outside the home, the father is more likely to be favored during parenting time allocation

What Can I do to Maximize my Parenting Time? 

The best way to maximize your parenting time is to be represented by an aggressive attorney. It is easy to make a mistake during custody proceedings that could impact your case, so it is important to carefully follow your lawyer’s guidance

Contact a DuPage County, IL, Child Custody Attorney

Law Office of Ronald L. Hendrix, P.C. can guide you through your custody proceedings and fight to get you the most parenting time possible. Our dedicated Naperville, IL, child custody lawyers will do all we can to maximize the time you can share with your child. Contact us at 630-355-7776 for a complimentary consultation.