Top Ten Myths in Illinois Divorce Cases [Myth #5]

Myth: Joint legal custody means that the children spend half of their time with Mom, and half of their time with Dad.

That is not true. Joint legal custody is a legal term that means major decisions concerning education, medical care, and religious upbringing are made jointly by the parents.  Joint custody has nothing to do with where the children live. The parent with whom the children primarily live is known as the primary residential parent; the other parent has time with the children according to a parenting schedule.  Under a joint legal custody arrangement, the children could live with each party equally, but more often than not they live with a primary residential parent and then spend specific time with the other parent, typically alternating weekends, shared holidays, and some week day visits.

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