The Law Firm of Debra J. Braselton, P.C.
Illinois Matrimonial and Family Law 630-DIVORCE
(630-348-6723)

How are parenting rights and responsibilities allocated?

There are several different options for child custody, which will determine how the parenting rights and responsibilities for the child are allocated. If you have questions about the different types of child custody, you may not be alone.

There are two categories of child custody: physical custody and legal custody. As a general rule, child custody determines the allocation of parenting rights and responsibilities for the child. Physical custody refers to who the child lives with. The child may live with both parents, going back and forth, if the parents share joint physical custody of the child. If one parent has sole physical custody of the child, then the other parent will likely have visitation rights.

Legal custody is the other type of child custody that parents must resolve. It determines which parent will have the right and responsibility to make important decisions for the child related to their education, religious upbringing and medical care. Just like physical custody, legal custody can be joint custody or sole custody. If parents share joint legal custody, they will need to work together to make these decisions for the child. If one parent has sole legal custody, they will have the right and responsibility to make those decisions for the child.

All child custody decisions are based on what is in the best interests of the child. It is important for parents to keep this in mind as they are working out a child custody agreement and it is helpful for them to be familiar with how the child custody process works.

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