Legal Question in Family Law in Illinois
My daughters father and I split up, and now he is asking for co-custody. What is co-custody and what all does it entail?
2 Answers from Attorneys
Illinois law has no concept of co-custody. Joint custody is probably what he is seeking. Joint custody can run the gamut of sharing the child equally - one week with you and one week with him - to the "typical" he has alternate weekends with one night a week, but he has an equal voice in the major non-day to day decisions of the child's life, such as what school the child attends, the equal right to go to the child's medical appointments, access to school records etc.
Joint custody is what he is probably referring to. If the two of you are able to make decisions together and are somehat amicable, then perhaps joint custody will work. Otherwise, sole custody would be better. Also, remember that this has nothing to do with residential custody, dealing with where does the child sleep at night normally. Legal custody only deals with his legal rights regarding the child. "residential' custody deals with who is the primary care parent (and that person gets child support)