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Split Custody in Illinois

When multiple children are involved and one child wants to live with one parent and the other child(ren) wants to live with the other.
Split custody is a less common child custody arrangement where children from the same parents may live separately from one another.

Specifically, imagine a couple with two teenage children, a boy, and a girl. In a split custody arrangement, the daughter might spend the majority of her time with her father while the son spends the majority with the mother.

The reasons for this potential split are numerous and include the siblings not getting along, or one sibling not wanting to transfer schools if one spouse is moving.

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Courts tend not to favor this type of arrangement unless there are justifiable circumstances and it is truly in the best interest of both children to live apart. With the passage of the new law in 2016, the term “custody” has been thrown out in favor of “parenting responsibilities” and “parenting time”.

In this context, a split custody arrangement would mean that responsibilities and parenting time would be divided differently for each child instead of universally for all of the children.

Are you ready to move forward? Call (312) 757-8082 to schedule a strategy session with one of our attorneys.

Frequently Asked Questions

Who pays child support with split custody?

If there are only two children and each party has one child, it may be that neither party pays child support. However, if one parent makes significantly more money than the other, then that party may have to pay child support. Check how much child support would be paid in your case using our child support calculator.

How does split custody work in Illinois?

Split custody is when different children live with different parents. Oftentimes the other parent sees the other child regularly as well. This could be the parents exchanging the children or just seeing them for dinner.
It all depends on the situation though because sometimes one child may see the other parent while the other child never sees the other parent.

Does Illinois have split custody?

Yes, Illinois does have the option of split custody. It is not used often, but it can be the path parents lay out in the parenting plan.

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