Joint Residential Custody or Split or Shared Custody (further explored)

The court may enter an order of joint custody if it determines that joint custody would be in the best interests of the child, taking into accountthe following:

(1) the ability of the parents to cooperate effectively and consistently in matters that directly affect the joint parenting of the child. “Ability of the parents to cooperate” means the parents’ capacity to substantially comply with a Joint Parenting Order. The court will not consider the inability of the parents to cooperate effectively and consistently in matters that do not directly affect the joint parenting of the child;

(2) the residential circumstances of each parent; and

(3) all other factors which may be relevant to the best interest of the child.

Even where joint custody is granted, each parent is not necessarily given equal parenting time. The physical residence of the child in joint custodial situations is determined by:

(1) express agreement of the parties; or

(2) order of the court. 

750 ILCS 5/602.1.    

 

 

 

 

 

 

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