Home > Law > How to Win Sole Custody in Illinois: The Basics of Child Custody

How to Win Sole Custody in Illinois: The Basics of Child Custody

Comments are Off

In the event of a divorce or separation, parents must determine what’s best for their child. In most cases, both parents want what’s best for the child and are willing to work together to ensure that happens. However, if the other parent is not on board with your ideas and you fear they won’t be able to provide a safe home or meet the child’s needs, you might need sole custody. If you don’t think joint custody will be good for your child and you need sole custody, you must know how to win sole custody in Illinois as soon as possible. The sooner you begin working towards this goal, the easier it will be in the long run. This article covers everything you need to know about getting sole custody of your kid in an Illinois divorce or separation case.

What is Sole Custody?

First, let’s cover the basics of child custody and sole custody. In most cases, the courts will award both parents joint custody of the child. This means that both parents have equal rights and responsibilities regarding the child. If you have joint custody, you’ll both make decisions regarding your child’s upbringing, including schooling, medical care, and extracurricular activities. You may also share the costs of these things. With sole custody, one parent has all the rights and responsibilities of a parent.

The other parent has no rights or responsibilities. The child lives with the parent who has sole custody and may also have minimal or no contact with the other parent. If the court awards you sole custody, it means you’re solely responsible for your child. You make all the decisions for your child and are financially responsible for them. You don’t have to share any of these responsibilities or decisions with the other parent.

How to Win Sole Custody in Illinois

How to Win Sole Custody in Illinois Divorce

There are a few important things you should know if you’re hoping to win sole custody in Illinois. First, you’ll need to know what you’re up against. This means knowing what the other parent is planning to do and how they’re going to approach their case. With that said, you should also remember that you’re not up against an opponent – you’re up against a lawyer. As such, there are some steps you can take to make your case easier. First, you should fully understand your rights. You can do this by reading up on child custody laws in Illinois. Once you know what you’re up against, you can strategize your case. You can decide on the best approach for your case and what kind of evidence you’ll need.

Find a Good Child Custody Attorney

You may be wondering if you really need to hire an attorney when you’re trying to get sole custody in Illinois. While you certainly don’t need to, it’s highly recommended. Getting a lawyer will allow you to focus on the child and the case without having to worry about the legal aspects. You can find a child custody attorney by asking friends and family for referrals, or by looking online. Make sure to interview a few different lawyers before choosing one. You want to make sure that you feel comfortable with the lawyer and that they understand your situation.

Help Your Child Feel Secure

You may have heard that having joint custody is better because it helps the child feel secure. While this may be true, it doesn’t mean that you should settle for joint custody. You should go into the court case with sole custody in mind. If you settle for less than sole custody, you could be setting a bad precedent for future cases. If you and the other parent can’t agree on joint custody, you’ll need to prove that sole custody is best for your child. You can do this by outlining your reasons for sole custody in a petition. You can use evidence, like medical records and school records, to show why your child needs to live with you.

Prove the Other Parent Isn’t Fit to Have Sole Custody

If you want sole custody of your child, you’ll need to prove that the other parent isn’t fit to have sole custody. You’ll want to be careful about how you go about doing this. You can’t just say that the other parent isn’t fit to have sole custody – you have to prove it. When you’re trying to prove that the other parent isn’t fit to have sole custody, you can use evidence, like:

  • The other parent has a history of abuse or neglect.
  • The other parent has a history of drug abuse.
  • Other parent has a history of mental illness.
  • The other parent has a history of child abuse.


You can only win sole custody in Illinois if you know what you’re doing and have the right evidence to support your case. With that said, this doesn’t mean that you need to go into court with a stacked deck. With the right information, evidence, and a bit of strategy, you can win sole custody and give your child a bright future.