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Legal Custody Vs. Residential Custody

Legal Custody Vs. Residential Custody

At the Law Offices of George M. Sanders, P.C., our attorneys understand how important it is for a parent to safeguard his or her child’s best interests during a divorce. This often includes discussions about a child’s education, his or her special needs, and what living situation will be best for his or her future development.

Chicago Legal And Residential Custody Lawyers

As experienced attorneys who have served the needs of parents and divorcing couples for many years, we have the skills and knowledge you need to help you achieve your goals. We will work quickly and efficiently to inform you of your rights, and are always available to answer any questions or address any concerns you might have. We strive to provide the best client service possible, which we accomplish by working closely with you to truly understand your needs.

Legal Custody Vs. Physical Custody In Chicago, Illinois

Illinois separates custody into legal custody (now known as allocation of decision-making responsibilities) and physical (residential) custody:

  • Allocation of decision-making responsibilities: When a parent has been granted decision-making responsibilities, he or she has the ability to make important decisions concerning his or her child’s life. This includes decisions related to religion, medical care, schooling, and other aspects of a child’s upbringing. Parents often share joint decision-making, but this depends upon the parents’ ability to work together to make decisions in the best interests of their child. If parents are unable to agree on important issues, the arrangement will be determined by a judge, who, at his or her discretion, may grant sole decision-making to a single parent.
  • Physical (residential) custody: Residential custody refers to with which parent a child will reside. Joint residential custody agreements are often impractical, so it is common to see sole residential custody granted to a single parent, with the other parent being given parenting time. Residential custody also is a factor in which parent pays child support, if applicable.

A court will not grant sole legal custody or residential custody arbitrarily, and will always look at what is in the best interests of the child. This includes weighing factors such as:

  • The relationship a child has with each parent
  • History of physical, emotional, drug, or alcohol abuse
  • All parties’ physical and mental health
  • The wishes of the parents and the child (if the child is of appropriate age)
  • The ability of a parent to provide food, shelter, clothing, and other necessities
  • Many other factors that are unique to a special familial situation

Contact A Chicago-Area Child Custody Attorney For An Initial Consultation.

We work hard to ensure a child’s best interests are served and that our clients’ needs are met. Please contact our Chicago law office online today, or call 312-624-7645 to schedule your initial consultation. We look forward to learning about your situation and sharing how we can help.

Contact Our Illinois Divorce & Custody Law Firm Today

You will find our attorneys to be flexible, responsive, and ready to begin providing exceptional representation to protect your rights and your best interests immediately. Call our law office now at 312-624-7645 to schedule a consultation about your family law needs at no initial charge.


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Chicago Office

161 N Clark
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Chicago, IL 60601

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