Jessica has decided to file for divorce. Her husband, although loving at first, has grown more and more distant over the years. She feels they have nothing in common anymore and are merely roommates instead of married partners. Jessica knows this emotionally vacant environment is not the best place for her or her two young sons. Her Chicago divorce lawyer is asking her what custody arrangement she wants to pursue. Although she knows that her sons love their father and it would be difficult for them to be separated from him, she is afraid that if she agrees to joint custody, she will end up losing valuable time and experiences with her children. Should she fight for sole custody, or agree to join?
Many people make the mistaken connection that “sole custody = sole parenting.” While it is true that with sole custody you will have the sole power to make important decisions, such as medical care, living arrangements, religious and schooling choices, it does not mean that the other parent is automatically shunned entirely. The father, in this scenario, will still have parenting time rights.
Joint custody is a situation where both parents will still have the power to make critical decisions for their children. Jessica and her husband, while emotionally estranged, are amicable enough that it would be reasonable to expect them to be able to cooperate on these major decisions. Joint custody would not even be an option for them if they were unable to do so. Although Jessica fears losing out on time with her children, joint custody would not mean an equal 50/50 split of time. Most likely Jessica would still be awarded “residential custody” of the boys, meaning they would primarily reside with her.
In this situation, Jessica could pursue either option. Many factors go into determining custody. Not only does she want to choose what she believes will make her the happiest and most fulfilled, but more importantly she needs to choose what will be best for her children. Her divorce lawyer chicago will be there to help her, and we want to be there to help you too. Contact the legal team at The Law Offices of Michael P. Doman, LTD to review your case.