Frequently Asked Questions About Child Custody in Illinois

DuPage County allocation of parental responsibilities lawyerNow known as the allocation of parental responsibilities, child custody can be one of the most contentious issues in a divorce. Even if you and your spouse agree on how you want to divide your property and debts, you may clash when it comes to deciding how parenting time and significant decision-making responsibilities will be allocated. Although you and your spouse may never want to speak to each other again, you will always share a common bond–your child. Determining how your child will spend time with each parent and what decision-making rights each parent will have for the child can be a daunting task. Below are some of the most frequently asked questions about the allocation of parental responsibilities in Illinois.

How Will Decisions About Parental Responsibilities Be Made?

Illinois courts recognize the benefit of both parents agreeing on certain issues, especially child-related issues. Because of this, the courts will encourage parents to come to an agreement about parental responsibility on their own. If they are unable to come to a  resolution, the court will make these decisions for them based on what is in the best interests of the child.

What Factors Will Be Used to Determine the Best Interests of the Child?

When a judge must make any decision involving the child in a divorce case, he or she will use specific factors to determine what is in the child’s best interest. These factors can include but are not limited to:

  • The wishes of each parent

  • The needs and wishes of the child

  • The mental and physical health of both the parents and the child

  • The quality of the relationship between each parent and the child

  • The willingness and ability of each parent to put the child’s needs before his or her own and to facilitate a relationship between the child and the other parent

  • How well each parent is able to cooperate with the other

  • The level of conflict between the parents

What Information Has to Be in a Parenting Plan?

A divorce decree will include a parenting plan that defines the decisions made about parenting time and decision-making responsibilities. A parenting plan is a written agreement between the two parents as to how issues with the child will be handled. At a minimum, Illinois parenting plans must include information such as:

  • How decision-making responsibilities will be allocated

  • Information about the child’s living arrangements and how parenting time is allocated

  • Each parent’s right to access the child’s medical and psychological records, childcare, school and extracurricular records, reports and schedules

  • The child’s residential address for school enrollment purposes

  • Each parent’s residential address, phone number, and place of employment

  • Transportation arrangements

  • Provisions for resolving issues arising from any future proposed changes to the plan

  • Any other information that the court deems relevant to the family’s situation

Contact a DuPage County Divorce Attorney

Going through a divorce is never easy. Determining how your assets and debts will be divided can be difficult enough; decisions about parental responsibilities can be even more stressful. There are many legalities and rules that you must follow when making these kinds of decisions, and determining the best ways to address these issues can be confusing. At the Law Office of Matthew M. Williams, P.C., our knowledgeable attorneys can answer any questions you may have about the divorce process or allocating parental responsibilities. Call a diligent Aurora, IL parental responsibility lawyer today at 630-409-8184 to set up a consultation.

Source:

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt%2E+VI&ActID=2086&ChapterID=59&SeqStart=8350000&SeqEnd=10200000

 

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