Allocation of Parental Responsibilities (Child Custody)

What Will Your Parental Responsibilities Look Like?

Is your Illinois divorce being delayed over different views about decisions for what is appropriate for your child or children’s futures? Are you unsure about how the allocation of parental responsibility will be applied in your case?

No matter how high the emotions and financial stakes can be during any kind of divorce, the one source of friction in negotiations is almost always access to children shared in a relationship.

How the Law Defines Agreements About Your Children

Parental responsibility is allocated in two main areas:

1. Decision-Making — Which outlines who has the right to make important decisions about how the child will be raised such as education, religion, major medical, and extracurricular activities. The decision-making can be sole or shared/joint custody if both parents are to be involved in these life decisions.
2. Parenting Time — (formerly known as visitation) involves the actual amount of time each parent will spend with the child or children. This needs to be negotiated and spelled out clearly in any divorce and parenting time agreement. Additionally, in Illinois, grandparents have rights when it comes to the children. Lawyers at Gravel & Wechter, P.C. can assist you with all these details in your divorce.

Is your divorce a thing of the past, but a modification of decision-making or parenting time is needed to reflect a sudden, substantial change of circumstance? Gravel & Wechter, P.C. also handles modifications when needed. In this world, there are no such things as problems — only solutions to those problems.

Experienced Legal Advice to Help You Accomplish Your Custody Goals

Child custody attorneys at Gravel & Wechter P.C. are open to your ideas on how to accomplish your goals in your divorce, whether it is an uncontested divorce case or a contested divorce. They respond by offering their own insights from 25 years of experience and more than 3,000 family law cases handled in Lake County. You can rest assured that, Gravel & Wechter, P.C. will guide you through the legal process, your child access rights will be aggressively protected.

Has your former spouse expressed the intention to take the child you share out of state? Are you prepared to contest that desire or request a parental relocation of your own? Are you an unwed biological father who is willing to undergo paternity testing to prove parentage, and participate in your child’s upbringing?

No matter how the allocation of parental responsibility and parenting time features of a divorce, or life after a child’s birth, may impact your future, Gurnee child custody attorneys and their skilled support staff are here to help in any way they can.

Working Hard for Solutions to Your Child Custody Problems

While there are many resources online, we urge you to consult with a custody attorney. Your initial consultation, free of charge, at our Gravel & Wechter P.C. law offices can be arranged right now by calling us at 847-380-3175. You can also email us to get started. Your messages are always responded to promptly.

Common Concerns About the Allocation of Parental Rights and Responsibilities

We have compiled the most frequently asked questions about the allocation of parental rights and responsibilities here, along with general answers. Remember, every case is different — it is best to discuss your case with an experienced attorney. At Gravel & Wechter P.C., we believe there are no problems when it comes to custody, only solutions.

How can I get sole decision-making (sole custody)?

Sole decision-making refers to one parent making the decisions in the areas of education, religion, major medical, and extracurricular activities. The court will look at a number of factors when determining if a parent should be allocated sole decision making. These factors include but are not limited to the parents level of involvement in the children’s life, the level of cooperation between the two parents, and whether the parents have significant disagreements in these four major areas. When parents disagree on decision making, the courts may appoint a guardian at litem or order a full evaluation with a professional who will evaluate the situation and make a recommendation.

Who gets the kids on holidays?

In short, it depends. The court or the parents will create a parenting plan where issues like holidays are determined with the children’s best interests in mind. A common solution is to split holidays throughout the year and then alternate annually.

Do my children get to decide where they live?

No. However, an older child’s preference is given more weight over that of a younger child. A judge can overrule a parent’s decision if they determine it is not in the child’s best interest.

Do grandparents have visitation rights?

In Illinois, courts assume that a parent’s decision regarding time their children spend with grandparents is in the child’s best interest. In some cases, grandparents can file a petition for parenting time if they believe that the decision is unreasonable, but the burden is on the grandparent to prove time with a grandparent is in the child’s best interest. We can assist you in navigating these issues.

The courts require grandparents to show a need for parenting time, which comes from a specific list of requirements. Some reasons may be that a parent has been deceased or missing for three months, or is incarcerated.

What is Allocation of Parental Responsibility in Illinois?

In Illinois, the Allocation of Parental Responsibilities is the legal process determining which parent will have decision-making authority and parenting time with their child. The court will consider various factors when making this determination, including the child’s age, health, and relationship with each parent. The court may also consider any history of abuse or neglect. Ultimately, the goal is to make a decision that is in the child’s best interests.

Schedule a Initial Consultations at No Charge to Learn More

We are committed to providing clients with realistic expectations. To schedule a meeting with an experienced family lawyer, call our office in Gurnee at 847-321-7474 or send us an email.