Joint Custody – Parental Powers

750 ILCS 5/602.1

The dissolution of marriage, declaration of invalidity of marriage, legal separation of the parents or parents living separate and apart shall not diminish parental powers, rights, and responsibilities except if the court determines that there is good cause to do so.

The parties can apply to the court for an award of joint custody or the court can consider awarding joint custody on its own motion.  Joint custody means custody determined pursuant to a Joint Parenting Agreement or Joint Parenting Order.  The agreement shall specify each parent’s powers, rights, and responsibilities for the personal care of the child and for major decisions such as education, health care and religious training.  The agreement shall specify a procedure by which proposed changes, disputed and alleged breaches may be mediated or otherwise resolved.  The agreement shall provide for a periodic review of the terms by the parents. 

To assist the court in determining whether an award of joint custody is appropriate, the court may order mediation and may direct that an investigation be conducted pursuant to the provisions of Section 605.

In the event that the parents fail to produce a Joint Parenting Agreement, the court may enter an appropriate Joint Parenting Order under the standards of Section 602 or it may award sole custody under the standards of Sections 602, 607 and 608.

The court may enter an order of joint custody if it determines that joint custody would be in the best interests of the child, taking into account the following:

The ability of the parents to cooperate effectively and consistently in matters that directly affect the joint parenting of the child;

• The residential circumstances of each parent; and
• All other factors that are relevant concerning the best interests of the child.

Joint custody is not presumed to mean equal parenting time.  The physical residence of the child in joint custodial situations shall be determined by express agreement of the parties or by order of the court.

Access to records and information pertaining to a child, including but not limited to medical, dental, child care and school records, shall not be denied to a parent for the reason that such parent is not the child’s custodial parent.  However, no parent shall have access if that parent is prohibited by an order of protection from inspecting or obtaining such records pursuant to the Illinois Domestic Violence Act of 1986, as now or as amended.

For additional information see Temporary Custody Orders Back to the Custody Hearings page