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What happens if a parent loses legal custody of their child?

It is hard to raise a child and doing it without the support of a co-parent in the home can be even more difficult. All across Illinois, mothers and fathers are trying to do their best for their kids, including those who have gone through divorce and are making important decisions about their children with former partners and spouses. Parents cannot stop actively making choices about their kids' well-beings just because their marriages end: the right of a parent to stay involved in the child-rearing decisions of their kids' lives relates to whether they have legal custody of their child.

Unlike physical custody, where a child actually lives in the home of their physical custodian, legal custodians may not have the right to allow their children to reside with them. They do, however, have the rights to share their opinions, express their concerns, and stay involved in the choices that will impact how their children are raised.

A parent who retains their rights to legal custody after a divorce may advocate for changes in their child's education plan even if that parent does not have physical custody. They may support their ex as their co-parent works to find medical help for their child or may oppose the introduction of religious practices into their child's life. Legal custodians can stay active and involved in how their children are raised.

If a parent loses legal custody of their child, they lose the right to have their voice heard on these and other important matters. Illinois parents should not have to sacrifice their legal custody rights when they end their marriages, and their family law attorneys can help them retain them and other important rights when they go through their divorces.

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