There is not a presumption for Joint Custody in Illinois Custody law. But Illinois custody law does state a presumption "for maximum involvement with the child" by both parents. There appears to be a trend in Court toward ordering Joint Custody in child custody cases in some areas of the country. In Domestic Violence cases, it is very problematic.

The effect of Joint Custody on the children in Domestic Violence situations can be a very negative one. Researchers have found that children who live under Joint Custody Orders and are being raised in high conflict families are more emotionally troubled and behaviorally disturbed than those in sole custody.

Joint Custody of a child assumes that the parents will share decisions about the influences in the child's everyday life, including health, education, and religious choices. The more opportunity there is for interaction between the parents in a domestic violence, the more likelihood of continued conflict. Just like mandatory mediation or court ordered couples counseling, Joint Custody gives the Abuser a court sanction opportunity to continue to contact and abuse the victim and child. Under these circumstances, Joint Custody endangers the abused parent because now there is a court obligation to discuss and work with the abusive parent, pursuant to the Joint Custody Order. Of course, any resulting violence to the parent has serious consequences for the child also.

Joint Custody awards assume that the parents will share decisions about the major and minor influences to the child's life. It is a Court Order that means neither parent has superior custody rights over the other parent.

There is an open debate regarding whether Joint Custody between parents is a positive arrangement for children. If Joint Custody arrangements allow for more time and opportunity for the parents to continue to argue about their differences in front of the children, obviously children are negatively affected.

Sometimes child support can still be ordered in a joint custody decision from the parent who spends less time caring for the child.

Generally the Court orders one of two types of Joint Custody:

• Joint Physical Custody is when the Judge orders the children to divide their living arrangements between the two parents. The Illinois Joint Parenting Agreement that the Judge approves states the amount of time the children spend during the week living with each parent.
  

  For example, the Joint Custody Order might state the children should spend every other month, every other weekend, or part of the summer with each parent.

• Joint Legal Custody usually looks like a sole custody order with the children basically living with one parent, and the other parent has "visitation". This type of Joint Custody does not presume equal parenting time between the parents.
  

  There is one HUGE difference between this type of custody and a sole custody order. A Joint Legal Custody Order means neither parent has superior custody rights over the other parent.

No, not necessarily. This is a common misunderstanding about Joint Custody. Joint Custody does not necessarily imply or presume equal parenting time between the parents.