During a divorce, child custody can be one of the most horrible and saddest parts when spouses separate. The children are usually torn between the parents, not to mention, the child is experiencing mental and emotional stress. They will feel confused about which parent they should go and live with. It is a difficult and delicate situation.
Child custody refers to the parental rights and responsibilities that a parent holds for his or her child. Although, the legal term covers a broad area, it fundamentally means to find the best interest of the child and not the individual interest of each parent. In Illinois, statutes may have been amended, changed, or revised periodically. For understabnding how the court determines child custody, joint custody and removing the child from Illinois, please see the following Illinois Revised Statutes 125.480, 125.490, and 125C.200 respectively and better yet find a Illinois family law attorney who is up to date on the laws.
In .some states they follow a general rule and that is for parents to have a continuing and frequent contact with the child.
The different categories of child custody are the following:
a) legal custody; wherein a parent with legal custody is allowed to make certain decisions regarding the health, welfare and education of his or her child.
b) physical custody; is the actual or physical right to be with the child
c) sole legal custody; is being awarded sole legal custody to one parent which gives the sole legal parent the right to decide on the child's health, education and welfare.
d) sole physical custody; is when one parent is awarded the sole physical custody of the child. It means the child will live with the one parent and the other parent is not given any physical custody rights for the child especially when the other parent has neglected the child or worse displayed acts of abuse.
e) joint legal custody; both parents are given the right to participate in decision making regarding the health, education and welfare of their child,
f) joint physical custody; both parents have rights to be with the child and both parents share in implementing a schedule of taking care of their child.
g) shared custody; both the parents have equal share when it comes to the legal as well as the physical custody of the child.
Disclaimer: Always consult with a legal professional, attorney, lawyer, legal specialist due to changes in the law. Information, laws, definitions, and case outcomes shown in this website may have changed due to state, county, city, township, or local cases.
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