Child Custody – Allocation of Parental Responsibility | Illinois Law
When a married couple with children gets a divorce, the allocation of parental responsibility is a big issue. Each parent has an idea of how they want to be involved in the lives of their children and there may be disagreements when it comes to decision on who the children live with and who will make certain decisions about their upbringing. The best way to resolve disputes over parental responsibility is to consider the best interests of the children first. This will give divorced spouses a foundation to be cooperative in raising their children.
At Barber Law Offices, our child custody attorneys can help with the allocation of parental responsibility in Schaumburg, IL, and the surrounding areas. Our attorneys can represent divorced spouses and help resolve parental responsibility disputes while working in the best interests of your children.
Parental Responsibility Laws in Illinois
The term “custody” no longer appears in Illinois laws concerning decisions about the children in a divorce because it implies that the children belong more to the parent that is granted custody. Decisions concerning the children in a divorce are referred to by Illinois law as “allocation of parental responsibility” and “allocation of parenting time.” The law also states the following four core elements of parental responsibility:
- Education: Parental decisions regarding education include the school the children attend, if a child needs additional tutoring, and other needs related to education.
- Healthcare: This includes decisions regarding a child’s medical, dental, and mental health needs as well as treatments.
- Religion: These decisions include acknowledging the child’s religious preferences, where they will attend religious ceremonies, and whether to receive religious training.
- Extracurricular activities: This includes decisions about the children participating in extracurricular activities such as sports, music lessons, clubs, and more.
It is possible for each of these core responsibilities to be assigned to one parent, or for the parents to share responsibility within each. No matter how the responsibilities are allocated, it must be done in the children’s best interests. The court will consider the following factors to determine the best interests of the children:
- The wishes of the children with consideration of their maturity level and ability to express their preferences.
- The wishes of the parents.
- The needs of the children.
- How the children have adjusted to their living situation, including where they live, their school, and surrounding community.
- Whether the parents can cooperate with the decision making or if there is likely to be conflict that can make sharing responsibilities more difficult.
- The previous level of participation in decision making of each parent.
- Decision-making agreements made previously between the parents.
- The daily schedules of the parent and children and the distance between the homes of each parent.
- The ability of the parents to cooperate when transporting the child between their homes.
- The willingness of each parent to encourage the children to have a relationship with the other parent.
Promoting and protecting the best interests of your children is the top priority of the court. The last key factor considered by the court is whether the children are in any possible danger while under the care of one of the parents. If the court believes that the children are at risk for violence, abuse, or neglect in one parent’s care, or if a parent is a sex offender or has problems with addiction, their parental responsibilities will likely be restricted.
Our attorneys at Barber Law Offices will always keep the best interests of your children in mind as we work to resolve the allocation of parental responsibility disputes. We have years of experience resolving these disputes and a deep understanding of the laws regarding parental responsibility.
Contact the Child Custody Attorneys of Barber Law Offices
The allocation of parental responsibilities must be taken seriously as the decisions made will affect your life and the lives of your children. If you and your spouse cannot come to an agreement on the allocation of parental responsibility, you will need an experienced attorney to advocate for you in the best interests of your children.
Allen Gabe at Barber Law Offices will help you present your case for parental responsibility and protect the rights of you and your children. We will participate in the negotiation process to help resolve parental responsibility disputes so you and your children can move on.
You can call our attorneys at Barber Law Offices at 847-303-9780 for legal representation for the allocation of parental responsibility in Schaumburg, IL and the surrounding areas.
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