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Common misconceptions about child custody in an Illinois divorce

On Behalf of | Jul 15, 2024 | Divorce

Divorce is a challenging process, and misconceptions about child custody can make it even more stressful. Understanding the facts can help parents navigate this difficult time more effectively.

Misconception 1: Mothers always get custody

Many people believe that mothers automatically receive custody of their children. However, Illinois custody laws and courts prioritize the best interests of the child, considering various factors like the child’s needs, each parent’s ability to provide care, and the child’s relationship with each parent. Both parents typically have equal standing in custody decisions.

Misconception 2: Joint custody means equal time

Joint custody does not necessarily mean a 50/50 split in time. It refers to both parents having a significant role in the child’s life and decision-making. The court aims to create a schedule that serves the child’s best interests, which may not always result in equal time with each parent.

Misconception 3: Custody decisions are final

If circumstances change, the court can modify custody arrangements. If a parent’s situation changes significantly, such as a job relocation or a change in the child’s needs, the court can review and adjust the custody order.

Misconception 4: Children can choose which parent to live with

The court considers a child’s preference but that is not the sole determining factor. The court will evaluate the child’s maturity and the reasons behind their preference but will ultimately decide based on what is best for the child.

Ensuring a smooth custody process

Understanding these common misconceptions about child custody in Illinois can help parents approach the process with more clarity. By focusing on the child’s best interests and staying informed, parents can work towards a custody arrangement that supports their child’s well-being.