Mar 12, 2013 | Child Custody


In going through a divorce, a couple’s primary concern is oftentimes-if there are children involved-who gets custody of the children. Unfortunately, like every other considerable factor within a divorce, “child custody” is not a cut and dry issue. Not only are there many factors to consider in determining custody, but there are also many types of custody to be understood. Your divorce and child custody attorney should be a valuable resource as your rights to custody are determined. The following is a Part 1 of a 3 part list of terms describing the many different types of custody parents can have:

De Facto Custody. De facto is a term meaning “what is.” In essence, de facto custody is the term used to describe who is actually physically caring for the kids. For example, at the time of the parents’ separation, if mom moves out and leaves the children with dad, then dad has “de facto custody.” This action by the mother demonstrates a belief in the father to adequately care for the children, until the courts decide otherwise.

Temporary Custody. Temporary custody is determined after the couple files for a divorce or begins a custody lawsuit. The divorce process can be a lengthy and tumultuous one, which is why some sort of consistency and security must be offered to protect the children, temporarily, until something more permanent is set in place.

Permanent Custody. Once a divorce has been finalized, permanent custody is awarded to a parent by the courts. Custody can be awarded to either parent, regardless of who had temporary custody. However, if the parent who was not awarded temporary custody wishes to be awarded permanent custody, the burden of proof lies with him/her to establish with the courts why having permanent custody would be in the best interest of the child.

For more information on your options regarding child custody, please feel free to contact The Law Office of Bradley R. Tengler in Rockford, IL at 815-981-4859 for a free consultation. Please note, the above does not constitute legal advice. Please discuss your specific rights with an attorney in your own jurisdiction.