Do I Have Sole Custody if I am Named the ‘Custodial Parent’?

Child custody cases in Illinois are complicated, and the results of these cases can have various implications concerning caretaking responsibilities for the kids, significant decision-making responsibilities for the children, and child support consequences. You may have heard that a “custodial parent” has sole custody or that a “custodial parent” is the parent who receives child support while the “non-custodial parent” is the one who pays child support. While these terms used to be in use in Illinois, it is important to understand that Illinois law does not use the language of “child custody” any longer. Thus neither parent will be identified as a “custodial” or “non-custodial” parent. Further, Illinois has shifted to an “income shares” model for child support, which means that both parents contribute financially to their child’s needs.

Our Illinois child custody attorneys can explain in more detail how this works.

No Custodial or Non-Custodial Parents When Parental Responsibilities are Allocated

Under the Illinois Marriage and Dissolution of Marriage Act (IMDMA), a court will not award child custody as sole custody or joint custody, and the court will not award physical custody or legal custody. These are terms that used to be applied in Illinois child custody cases. Several years ago, however, the law changed. Based on the changes to the law, Illinois courts now allocate parental responsibilities. What this means is that parents usually share responsibilities that include significant decision-making responsibilities (similar to legal custody) and parenting time (similar to physical custody or visitation).

Accordingly, there is no “custodial” parent. Rather, unless there is a clear reason to restrict parental responsibilities, both parents will share different aspects of significant decision-making responsibilities and parenting time.

Income Shares Model Does Not Award Support to a Custodial Parent

You should also know that, under the IMDMA, child support is determined based on an “income shares” model. What this means is that the court will combine both parents’ incomes to determine a total child support obligation, and then the total child support obligation will be apportioned to the parents based on their individual incomes and other factors. Accordingly, child support is not paid by a non-custodial parent to a custodial parent, as was the practice under the “percentage of obligor income” model of child support.

However, the number of overnights a child has with each parent can impact that parent’s portion of the total support obligation. When a parent has more overnights with the child, the other parent may be apportioned a larger percentage of the total support obligation.

Contact a Child Custody Lawyer in Illinois

Understanding how child custody works in Illinois and how it impacts child support can be complicated. Many parents are confused after speaking with a friend or family member who went through a child custody case years ago when custody and child support laws were different. Whether you need help determining your ability to make certain decisions for your child based on the parental responsibilities that have been allocated to you, or if you need more information about how your parental responsibilities impact child support, a lawyer can help. Do not hesitate to contact one of our experienced Illinois child custody attorneys to learn more. Contact Women’s Divorce & Family Law Group today for more information.