Child custody is one of the most common disputes in divorce proceedings. Custody decisions in a divorce are ultimately determined by Illinois courts based on the children’s “best interests.” The court may issue sole custody to one parent or joint custody to both; these orders may be temporary or final, depending on the case.

In a joint custody situation, the children establish primary residence with one parent, while the other parent has visitation rights. Joint custody, which is granted based on the parents' ability to cooperate with each other for benefit of the children, requires that both parties sign a Joint Parenting Agreement as part of the dissolution of the marriage.

Regardless of whether a parent has been granted sole or joint custody, his or her rights may be terminated by the court for several reasons:

• Abandonment
• Failure to maintain a reasonable degree of interest, concern or responsibility for the children
• Desertion of the children for more than three months
• Repeated neglect or cruelty to the children
• Failure to protect the children from harmful conditions

If the court "terminates" parental rights, the parent will be stripped of all privileges and responsibilities of a legal parent, including visitation rights.

Note: This information was prepared as a public service by the Illinois State Bar Association and is a joint project with the Illinois Press Association. Its purpose is to inform citizens of their legal rights and obligations.