The Law Office of Matthew M. Williams, P.C.

630-409-8184

1444 North Farnsworth Avenue, Suite 307, Aurora, IL 60505

Yorkville Office By Appointment

Initial Consultations via ZOOM Available


Aurora divorce attorney - Child Tax CreditsWhen a couple with children divorces, that divorce does not end their involvement with each other. While they may no longer live under the same roof, they still need to co-parent in the most cooperative way possible. Unfortunately, there are many issues that can arise where the disagreements are so strong, the couple ends up back in family court.

One area where this often occurs is when it comes to medical decisions for the child. And now that COVID-19 vaccines are available for children 12 years of age and older, the divide between people who are for and those against the vaccine has made its way into parenting decisions.

Allocation of Parental Responsibilities

Several years ago, Illinois lawmakers did a complete revamping of the state’s divorce and child custody laws. One of those changes even involved eliminating the term “child custody” and instead referring to it as the allocation of parental responsibilities. The scope of these parental responsibilities involves both parenting time and significant decision-making on behalf of the child. However, these two elements are treated separately.

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St. Charles parenting time attorney

Whether you are going through a divorce in DuPage County and have minor children from your marriage, or you share minor children with a partner and you have decided to separate, you will need to learn more about how Illinois law handles child custody issues. Under the Illinois Marriage and Dissolution of Marriage Act (IMDMA), Illinois courts no longer award child custody to one or both parents. Further, courts no longer use the terms legal custody and physical custody to describe the relationship between a parent and a minor child. Instead, courts allocate parental responsibilities.

According to the IMDMA, there are two different types of parental responsibilities: significant decision-making responsibilities and parenting time. What is the difference between them, and how do courts allocate them? 

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DuPage County divorce attorney child custody

Many couples can successfully complete a divorce in a cooperative manner, but when children are involved, things can become a bit more complicated. Most parents can agree that the most important issues to deal with during their divorce are those that concern their children. In many contested or complex divorces that require court intervention, the court will likely appoint a child custody evaluator to determine what would be in the child’s best interests, as far as allocating decision-making responsibilities and parenting time. An Illinois child custody lawyer can help you fight for your parental rights and protect your child’s best interests.

What Is Parental Alienation?

The term parental alienation describes a parent’s behavior when he or she attempts to harm the relationship between his or her spouse and their child by turning the child against the parent. The alienating parent typically uses manipulative techniques to achieve this and can even lead the child into believing that the alienated parent is the enemy. Parental alienation is considered by many psychologists and others in the mental health professions as a form of emotional child abuse, which is why it is taken so seriously during child custody proceedings.

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Aurora divorce attorney parenting plan

Most of the time, the biggest worry that couples have when they are getting a divorce is how it will affect their children. For the most part, children are fairly resilient and will eventually bounce back from the stress and transition of the divorce. Children with special needs may not be as resilient, however, and may need special considerations of their own. Before you are able to finalize your divorce, you are required to file a parenting plan with the court that outlines your parenting time schedule and how you have allocated your significant decision-making responsibilities. If you and your spouse are the parents of a child with special needs, there are certain things that you should keep in mind to ensure your child gets what he or she needs.

Things to Keep in Mind for Your Parenting Plan

When you get a divorce and a child with special needs is involved, the process is inherently going to be more complex. 

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Geneva divorce attorney parenting time

One of the most serious and unfortunately still prevalent social issues that families face today is domestic violence. Dealing with domestic violence in any situation is never simple, but having to cope with domestic violence during a divorce can make the divorce process a million times more stressful. According to information from the National Domestic Violence Hotline, more than 12 million men and women are affected by acts of domestic violence each year in the United States. Many people believe that domestic violence consists of purely physical acts, such as slapping or choking. However, domestic violence is really about control, rather than pain, so the abuser will often use multiple tactics to control the victim, including other forms of abuse, such as emotional abuse, sexual abuse, or harassment. This is why it is crucial for families experiencing domestic abuse to get help from an experienced Illinois divorce attorney before beginning the process.

Divorce and Child-Related Issues

Like most things during the divorce, issues related to the children are typically settled with an agreement made between the parents. However, in some situations, such as those in which domestic violence is present in the home, the parents may be unable or unwilling to cooperate or come to a consensus with a parenting time plan or allocation of parental responsibilities. This is when a judge will step in and make decisions for the parents in regard to Illinois law and what is in the child’s best interests.

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The Law Office of Matthew M. Williams, P.C.

630-409-8184

1444 North Farnsworth Avenue, Suite 307, Aurora, IL 60505

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