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

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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:

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Illinois Dads Seek Equal Parenting TimeDuring a divorce, the child custody arrangement is one of the most important decisions the spouses need to make. How much time children get to spend with each parent will affect their relationships and psychological wellness. Illinois courts at one time presumed joint custody to both parents was in a child's best interest. As of 2016, the state updated the Illinois Marriage and Dissolution of Marriage Act (IMDMA) to change the old custody model to an "allocation of parental responsibilities" standard.

Under the updated IMDMA law, the following was implemented:

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Aurora family law attorneys, child custody, child custody arrangements, child visitation, visitation, limit visitation, paternal rightsOne difficult and highly contested issue in divorce involves child custody and visitation rights. It is only natural for each parent to want to be guaranteed a relationship with his or her child or children, regardless of the marital situation. And in cases of child custody and visitation in an Illinois divorce, there is a lot to consider.

Below includes a list of common child custody arrangements, and the circumstances to which they are applied:

Scheduled visitation: These arrangements are made for the exact days a child spends with each parent, and this type of visitation is very common for parents who split custody of children. Children may alternate weeks between parents, have designated holidays with each parent, and even split visitation during winter and spring breaks from school. Denial and restriction of visitation: A court does have the right to deny and limit visitation at their discretion. Reasons for denial include past physical or sexual abuse, use of alcohol and drugs, and any other factors likely to endanger the children. All can force the hand of the court in these cases. Supervised visitation: Similar to the instance above, the court also can mandate that all visits be supervised by a social worker or a designated family member. Visitation and child support: If one parent falls behind on child support payments or stops paying all together, the custodial parent may not stop him or her from seeing their children. However, the custodial parent should contact an experienced family law attorney to recover support payments instead of using custody as leverage.

If you are going through a divorce, have one impending, or even need to modify an existing divorce agreement for custody reasons or otherwise in the Chicago, Illinois area, the Law Office of Matthew M. Williams provides individual family law services efficiently and effectively to each client. With clients in DeKalb, Kendall, and DuPage counties, contact an experienced Aurora family law attorney at the Law Office of Matthew M. Williams, P.C. today.

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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