Pros and Cons of Sole Legal Custody

 Posted on July 22, 2024 in Child Custody

There are two types of child custody: one is physical custody, which is when a child is physically under a parent’s care. Illinois law refers to this as "parenting time." 

The other type of custody is called legal custody. This refers to making major decisions about the child, such as:

• Medical decisions, like whether to follow natural medicine or conventional medicine

• Educational decisions, like where the child will go to school

• Religious upbringing, like which faith the child will practice and to what degree

When it comes to parenting time, state law and many child development experts agree that both parents should be involved as much as possible. Illinois courts therefore prefer to award both parents joint physical custody by default, excepting certain cases like if one of the parents is abusive or neglectful.

But does the same apply to legal custody? Is it better for both parents to share decision-making responsibilities, or is there an argument to be made for sole legal custody? This article will discuss the pros and cons of sole legal custody. Consult a qualified Illinois child custody lawyer with any questions about custody matters.

Pros of Sole Legal Custody

There are several advantages to one parent having sole legal custody of the child:

• The parent with sole custody, known as the custodial parent, does not need to seek the assent of the other parent. This is especially beneficial if the custodial parent is responsible and reliable while the non-custodial parent is not. 

• When one parent has sole custody, it can lessen the amount of communication between the parents. This can help avoid conflict, thereby providing the child with a healthier environment.

• Having one parent make decisions for the child can maintain a measure of consistency for the child, which may be badly needed after a divorce.

Cons of Sole Legal Custody

However, sole legal custody also has its downsides:

• When one parent makes decisions for the child, it usually means that he or she does so without the input of the other parent. This can result in decisions made from a less objective vantage point.

• The child may prefer the non-custodial parent’s lifestyle, such as his or her faith and health attitudes. This can cause friction between the child and the custodial parent.

• Sole legal custody can undermine the non-custodial parent. The child may even come to resent the non-custodial parent for not being as involved, and the non-custodial parent may feel less important to the child.

• Making all the major decisions for a child can be an overwhelming task for one parent. Children often benefit from both parents working together.

Contact a DuPage County, IL Child Custody Lawyer

There are advantages and disadvantages to sole legal custody. Depending on the case, the pros may outweigh the cons, or vice-versa. However, not all cases are the same, so consult the attorneys at Davi Law Group about what might be right for you. Our extensive experience has given us sharp insight into when sole legal custody might benefit a child and how to achieve that through the court. Call 630-657-5052 to schedule a free consultation with a Wheaton, IL child custody attorney today.