One
of the biggest misconceptions is client’s perception that when their
spouse, or spouse’s attorney, demands joint custody as part of an
agreement or discussion, that this means they get the child(ren) 50% of
the time. Not true. It means shared decision making between the
parents regarding three things – the choice of schooling, religious
upbringing, and medical treatment for the minor children. However,
shared decision making does not mean an equal say in these issues.
Joint custody is simply a term that is included to make the
non-custodial parent feel that they are more involved with the
children. Typically, but not automatically, in joint custody
situations, the Mother will get possession of the children as the
residential parent, and the Father will be the non-residential parent
and receive liberal visitation with the children.
By contrast,
sole custody gives one spouse (usually the residential parent) full
decision-making authority for the religious upbringing, education, and
medical treatment issues. However in practice, unless one parent is
dangerous to the children, this custody arrangement also allows the
same liberal visitation and is very similar to a joint custody
arrangement.
In upcoming years, Illinois is expected to
substitute the language “parenting time” for the above terms.
Hopefully this change in terminology will eliminate the misconception
of “joint custody” and allow parties in a divorce to concentrate on the
resolution of other issues. Rarely can either party be declared
“winner” or “loser” in these cases, as the Court’s goal is the best
interests of the children.