Resolving Child Custody Disputes in Illinois

 Posted on December 14, 2023 in Child Custody / Allocation of Parental Responsibilities

Many agreements can erupt between two spouses when it comes time to end their marriage. Things such as spousal maintenance and property distribution are major decisions to be made before a marriage can end. Parents have additional worries regarding parental responsibility allocation and child support. The allocation of parental responsibilities will typically carry many complications and bring up many contentious issues, as parents may have different ideas on how to raise their children. A family law attorney can greatly assist when tackling these issues in divorce.

Allocation of Parental Responsibilities? What Happened to Child Custody?

The term "custody" was removed from Illinois statutes concerning children and their well-being following a divorce. Instead, Illinois law now uses the term "allocation of parental responsibilities" as the overarching category. Inside the allocation of parental responsibilities are the terms significant decision-making and parenting time (formerly visitation). When moving a child from their current residence, removal has been changed to "relocation."

How Are Parenting Responsibilities Allocated?

Illinois courts would prefer it if the parents worked together to resolve any issues related to their children by creating a parenting plan that both find agreeable. The parenting plan will detail precisely how both parents will share their children's responsibilities and parenting time. Understanding how a court decides on the allocation of parental responsibilities can be crucial in how parents can begin negotiating these responsibilities.

In all child-related issues, a judge will look at many factors to determine a child's best interest before making a final decision. The factors that could play a role in the determination include:

• What the parents want for their children
• The children's wishes, taking into account their age and maturity to understand what it is they want
• The physical and mental health of the parents, children, and any other members of the household
• The financial situation of the parents
• How well the children might adjust to a new living arrangement and how well they have adapted to their current one during divorce proceedings
• Whether or not the parents present themselves as cooperative with one another regarding their children
• The encouragement between both parents for their children to continue to foster and grow a relationship with the other parent
• How well each parent has treated their children, participated in their development, and provided child care over the last two years before filing a divorce
• Prior agreements between the parents on how their child-related issues would be handled while married
• How far from one another's homes do the parents reside, and what transportation arrangements can be made to ensure proper parenting time
• Any history of domestic violence or abuse in the household

Contact a DuPage County, IL Family Law Attorney

Resolving child custody can be complex and requires you and your ex-partner to come to terms where both sides can agree. For assistance establishing a solid parenting plan or when you need legal representation at trial, contact Calabrese Associates, P.C. for an experienced Naperville, IL child custody lawyer. You can reach the office at 630-393-3111 to schedule an appointment.