Updated January 22, 2026
When relationships end and children are involved, custody battles can be emotionally draining for everyone. Enlisting the aid of a skilled family lawyer in Hoffman Estates or Schaumburg can make this challenging journey a bit smoother.
The Different Types of Child Custody
Child custody arrangements come in various forms to meet the unique needs of families. Here are some types to consider:
Sole Custody
In sole custody arrangements, one parent gains primary decision-making authority over the child. This option may be used in situations involving abuse, neglect, high conflict between parents, or other circumstances where joint decision-making is not in the child’s best interests. Even in these instances, the non-custodial parent may still be granted visitation rights, except in extreme cases.
Joint Custody
Joint custody entails both parents sharing the responsibilities and rights of the child. This arrangement necessitates better communication and cooperation between both parents. It often involves frequent visitations and a shared schedule, allowing the child to spend quality time with both parents.
Third-Party Custody
Sometimes, neither biological parent is fit to assume custody, necessitating a third party—like grandparents or other relatives—to step in. Third-party custody aims to provide a stable environment for the child when parents can't.
Temporary Custody
Temporary custody is an interim solution pending the final custody verdict. This is common in situations where immediate decisions need to be made concerning the child's well-being.
| Custody Term | Who Makes Major Decisions? | Where Does the Child Live? | When Is This Typically Used in Illinois? |
|---|---|---|---|
| Sole Custody (Legally called Sole Allocation of Parental Responsibilities) |
One parent has primary authority over major decisions such as education, healthcare, religion, and extracurricular activities. | The child primarily lives with one parent, though the other parent may still have parenting time. | When joint decision making is not in the child’s best interests, often due to high conflict, inability to cooperate, substance abuse, safety concerns, or a history of one parent handling decisions alone. |
| Joint Custody (Legally called Joint Allocation of Parental Responsibilities) |
Both parents share decision-making authority and must work together on major life decisions. | Parenting time is divided between both homes based on a court-approved schedule. It does not have to be equal. | When parents can communicate effectively and make decisions together. Illinois courts do not require a 50/50 schedule for joint decision-making. |
| Third Party Custody | A non-parent, such as a grandparent or close relative, is granted decision-making authority by the court. | The child lives with the third-party caregiver. | Rare in Illinois and only granted when parents are found unfit, unable to care for the child, or when living with a parent would seriously endanger the child. |
| Temporary Custody | Decision-making authority is assigned through a temporary court order during an ongoing case. | Determined by the court based on the child’s immediate needs and stability. | Used early in divorce or parentage cases to establish structure and consistency while the court works toward a final parenting plan. |
Physical vs. Legal Custody: What's the Difference?
- Physical Custody: This refers to where the child will physically live.
- Legal Custody: This involves the right to make long-term decisions about the child's education, health, and well-being.
You can have joint physical and legal custody or a hybrid arrangement, depending on what serves the child's best interests. Hybrid custody arrangements involve a mix of physical and legal custody options tailored to meet the family's unique circumstances.
Making Visitation Work for Your Family in Cook County
Visitation is more than just scheduled time with your child; it's about maintaining a relationship. A family lawyer can help establish a visitation schedule that works best for everyone involved, whether supervised or unsupervised.
How a Family Lawyer Can Assist in Custody Battles
During tumultuous times, a family lawyer can guide you through legal hurdles, negotiate terms, and even mediate between parties. The goal is to arrive at a fair arrangement, respect your rights, and be in your child's best interests.
Schedule a Consultation Today with Our Schaumburg Law Firm
Understanding the complexities of child custody is not an easy task. We invite you to contact our law office near Hoffman Estates for a consultation. We are committed to helping you achieve a structured, fair custody arrangement that benefits your child and protects your parental rights.