Child custody agreements are a vital aspect of family law, helping divorcing or separated parents determine the living arrangements and responsibilities they have concerning their children after the divorce is final. While various custody arrangements exist, what is the most common child custody agreement? In this article, we’ll delve into joint custody agreements, what they entail, and why they are the most common child custody agreement.
If you want to learn more about custody when there isn’t a court order in place, check out “Who Has Custody Of A Child If There Is No Court Order in Illinois?”
Understanding Joint Custody
one of the most common and often preferred options is joint custody Joint custody, also known as shared custody or co-parenting, is an arrangement in which both parents share legal and/or physical custody of their child or children. This means that both parents are actively involved in making decisions about the child’s upbringing and share the responsibility for their day-to-day care depending on the details of the agreement. Joint custody can take two main forms:
- Joint Legal Custody: In joint legal custody, both parents have the authority to make significant decisions concerning the child’s life, such as education, healthcare, religion, and extracurricular activities. This ensures that both parents have equal input into important aspects of the child’s upbringing.
- Joint Physical Custody: Joint physical custody involves both parents sharing parenting time with the child. This can mean the child alternates living with each parent on a specified schedule, providing the child with ongoing contact and relationships with both parents.
It is important to remember that parents can also get sole legal/physical custody, meaning one parent has the right to make all decisions regarding the child’s upbringing, and lives with the child every day. This typically only happens if one parent waives their parental rights or a court revokes certain parental rights due to neglect or an inappropriate living situation (unsafe environment or the spouse lives too far away to alternate every few days/weeks).
It is also important to remember that child support agreements are separate from child custody agreements. Even if you share 50/50 custody with the other parent you may still have child support and alimony payments. To learn more check out “Why Do I Pay Child Support With 50/50 Custody in Illinois?” and your local county courthouse’s website.
Why Joint Custody Is Common
- Promotes the Child’s Best Interests: Courts prioritize the best interests of the child when making custody decisions. Joint custody often aligns with this principle by allowing the child to maintain a strong and meaningful relationship with both parents.
- Emotional and Psychological Well-being: Children benefit from having a consistent and supportive relationship with both parents. Joint custody helps children avoid feelings of abandonment and fosters emotional stability.
- Equal Parental Responsibility: Joint custody encourages both parents to remain actively involved in the child’s life. This shared responsibility can lead to better communication and cooperation between parents, which is beneficial for the child.
- Reduced Conflict: When both parents are actively involved in their child’s life and decisions, there may be less room for disputes and conflicts. Joint custody can lead to more amicable co-parenting relationships.
Creating a Joint Custody Agreement
Establishing a joint custody agreement involves several key steps:
- Negotiation: Parents must come together to discuss their preferences and create a mutually agreeable custody arrangement. It’s advisable to engage in open and honest communication to address concerns and work toward a solution that meets the child’s needs. This can be done in court or through mediation with a neutral third party. If both parents agree to terms of a joint custody agreement through mediation, then the court will accept and enforce it if it is in the best interest of the children.
- Legal Assistance: Consulting with an experienced family law attorney is essential when drafting a joint custody agreement. A legal professional can help ensure that the agreement adheres to relevant laws and includes necessary provisions. Often lawyers can act as mediators as well, allowing open communication between parties to create a custom agreement that works best for them. It is, however, still advised to get your own personal lawyer for mediation as well.
- Detailed Parenting Plan: The joint custody agreement should include a detailed parenting plan outlining specific arrangements for custody, visitation schedules, holidays, vacations, and other important aspects of the child’s life. This document will be extremely detailed including drop off times for practically every day throughout the next several years till your child turns 18.
- Flexibility: Joint custody arrangements should allow for some flexibility to accommodate changes in circumstances or the child’s needs over time. As long as parents have open communication and keep the best interests of their children in mind, your arrangement can allow parents to make small changes to the agreement if needed. Remember that if one parent feels the other is not sticking to their agreement, that parent can go to the court to enforce the agreement.
It is possible to file these motions yourself but it can be difficult alone. Check out this article to learn more: “How To File A Motion In Family Court?”
Conclusion: What Is the Most Common Child Custody Agreement?
Joint custody agreements are the most common child custody arrangement because they prioritize the well-being of the child by promoting continued involvement and shared responsibility between both parents. While joint custody can be a successful co-parenting arrangement, it’s essential that parents communicate effectively and cooperate in the child’s best interests. If you’re considering a joint custody agreement or have questions about child custody matters, consulting with a knowledgeable family law attorney can provide you with the guidance you need to navigate this important aspect of family law. Ultimately, the goal of any custody arrangement, including joint custody, is to create a stable and loving environment in which the child can thrive.
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Disclaimer: This article (What Is the Most Common Child Custody Agreement?) may contain information that is outdated as Illinois law continuously evolves. Meeting with an experienced family law attorney is the best way to ensure you are receiving the most current information about What The Most Common Child Custody Agreement Is.
Published by Dustin Koth on August 9, 2024
