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Custody

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frank2345

Guest
What is the name of your state? Illinois.
My ex threatens to file for sole custody, changing our current joint custody because she says she wants more control. On what argument can custody be changed and why would the Court revise? Is it true that sole custody only means one parent has power to make all major decisions, such as religion, education? Would visitation and support also change for the change?
 


Whyte Noise

Senior Member
Custody is generally only changed when there has been a "substantial change in circumstances". Such as.... one parent being unfit to raise a child, getting in trouble with the law for certain offenses, and most importantly, it has to be in the best interest of the children to be changed from joint to sole.

There are 2 different 'types' of custody: Physical, and Legal. And different aspects within those 2 types....

Sole physical: The child lives with one parent, and the other gets visitation... usually the standard every other weekend, summer, holidays, etc.

Joint physical: Both parents share time almost equally with the child in the respective homes. 3 days with one, 4 with the other; one week at mom's, one week at dad's; six months with one, six months with the other; Birds-Nest custody, etc. etc.

Sole legal: Only one parent has decision making power on issues like health care, schools, religion, etc.

Joint legal: Both parents have decision making authority and are normally ordered by the courts to confer with each other and come to an agreement before any major decisions are made.

If you are in a joint custody situation right now, and your CS is based on that, and if the mother won her case for sole custody, then yes, your CS could be raised since you will have the child in your home less time. Of course, Illinois is one of the states that rely solely on the NCP's income and does not include reductions for any extended visitation or custody periods. So in your particular case, if you are the one paying support, it might NOT go up. I guess it would really depend on the judges outlook that day.
 

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