When Will a Judge Award Sole Physical Custody in Illinois?

 Posted on February 25, 2025 in Child Custody

In Illinois, the courts generally prefer joint custody in divorces with children. When parents share joint physical custody, they can both remain present in the child’s life and work out a reasonable schedule for parenting time. Although joint custody is sometimes treated as the ideal solution, it is not right for every family.

If you want to petition for sole custody of your child, an Illinois divorce lawyer can represent your preferred solution in court. At Law Offices of Tedone and Morton, P.C., we provide personalized legal services to help you throughout a custody dispute. As aggressive negotiators and skilled litigators, we can adjust our approach to suit your needs.

Conflict Between The Parents

Divorce is a naturally stressful situation for a child, but that stress can be compounded in high-conflict divorces. If you and your ex cannot stand to be around each other to a point where contact almost always results in an argument, joint custody may not be the solution for you.

In a high-conflict divorce, a judge may show greater preference for sole physical custody. This solution is intended to limit a child’s exposure to intense arguments, allowing for a more peaceful upbringing. At Law Offices of Tedone and Morton, P.C., our divorce lawyers can make a case for sole custody over your child on your behalf.

Lack of Parental Fitness

In Illinois, both parents are presumed to be fit and capable unless proven otherwise in court. Under state law, a parent may be deemed unfit if:

• The parent abandoned the child at birth

• The parent does not show reasonable interest or concern about the child’s welfare

• The parent has a history of physical violence or cruelty against the child

• The parent routinely neglects the child

Additionally, if the parent was convicted of certain violent crimes – especially crimes against children – the court could consider that parent depraved, and therefore unfit to parent. At Law Offices of Tedone and Morton, P.C., we can aggressively petition to have a child removed from the care of an unfit parent.

Parental Relocation

Sometimes, sole physical custody is just the most practical solution. If you or your ex plans to move far away after a divorce, it may make more sense to have the child stay with one parent for most of the year. The other parent can still maintain regular contact with the child over a distance and make parenting time arrangements over holidays or vacations.

Note that having sole physical custody of the child does not exclude the other parent from legal custody. This means that the other parent still has a right to make important decisions for the child even if he or she does not live near the child.

Contact a Joliet, IL Child Custody Lawyer Today

Figuring out a functional child custody arrangement can be a highly emotional experience. At Law Offices of Tedone and Morton, P.C., our Will County, IL family law attorneys can advocate for sole physical custody if it is necessary for your child’s health and happiness. 

With over 45 years of combined experience, our lawyers have the skills and legal knowledge to help you navigate a tumultuous divorce. To schedule a free consultation, call our offices at 815-666-1285 today.