When Parents Can Obtain Sole Custody in Illinois

dupage county divorce lawyerMany parents who are seeking divorce may want to obtain sole custody of their children. Illinois no longer uses the term “child custody” but instead refers to the allocation of parental responsibilities and parenting time. However, the word custody is still used informally to refer to a parent’s decision-making authority. 

Courts in Illinois generally want to see children have relationships with both of their parents, so courts only grant sole custody or sole decision-making authority if there is a good reason. None of this is to say that parents cannot get sole custody in their cases, just that it can be challenging.

When you are dealing with a child custody issue, you are going to want to be sure to retain legal counsel for help determining the best path forward for you.

How Parents Obtain Sole Custody

When one parent is seeking sole custody of a child and the other parent disagrees with this, the court will make a decision that is in the child’s best interests. 

Some of the more common reasons that courts could order sole custody could include:

  • Abuse — When one parent is physically or emotionally abusive towards a child, it can be one reason for a determination that the parent is unfit. A court may order a parent to undergo counseling, rehabilitation, and possibly supervised visitation in these cases.

  • Lack of Involvement— A parent who has been absent from a child’s life may not be granted the amount of parenting time or parental responsibilties he or she is seeking.

  • Poor Living Conditions — One parent could be living in deplorable conditions after their divorce, and the home may not be safe for a child in such cases.

Courts generally try to find other solutions besides sole custody arrangements since courts want to see both parents have relationships with children. In most cases, courts will prefer to grant shared custody.

When one parent is trying to argue another parent is unfit to serve, evidence in these cases can include text messages, employment records, proof of living conditions. 

Call Us Today to Speak with a DuPage County Divorce Attorney


If you are trying to get sole custody of a child in Illinois, contact our Hinsdale divorce lawyers at Law Office of Martoccio & Martoccio for help. Call 630-920-8855 or contact us online to set up a free initial consultation.





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