How the Allocation of Parental Responsibilities and Parenting Time Are Determined in an Illinois Divorce

 Posted on August 16, 2017 in Family Law

In Illinois, divorcing parents must determine the allocation of parental responsibilities (formerly known as custody) and parenting time (formerly known as visitation) will be split among them. Unfortunately, this sensitive matter can create a lot of tension, and parents may struggle to come to an agreement. If this happens, the decision may be left up to a judge. Learn more about how child-related matters are decided upon in an Illinois divorce, and how an experienced attorney can help with your case.

Parents Usually Start with a Parenting Plan

Typically, the first step in determining the allocation of parental responsibilities and parenting time is the completion of a parenting plan. Done either jointly or separately, this plan must be submitted to the court within 120 days of the divorce petition (unless an extension is filed). If parents are unable to agree, they may attend alternative dispute resolution (i.e. mediation) to work out their differences.

Factors Judges Use to Rule on Child-Related Matters

When parents are unable to come to an agreement in their parenting plan, the decision is left up to the courts. Certain factors and considerations are used when making this determination, including the:

• Wishes and needs of the child;
• Wishes of each parent;
• Physical and mental health of all parties;
• Safety of the child;
• Distance between the residences of each parent;
• Agreements or arrangements previously made between parents;
• Previous involvement of each parent in the child’s daily care;
• Previous decision-making activities of each parent;
• Parents’ willingness to foster a healthy and continued relationship with the other parent;
• Child’s adjustment to school, home, or community; and
• Any other factors the court may deem relevant.

In some cases, this may benefit the family (such as in instances involving domestic violence), but in others, it may be detrimental. As such, parents are encouraged to discuss their child-related matters in divorce with an experienced attorney. Able to guide you in the potential benefits and consequences of a litigated divorce, an attorney can also protect your parental rights and your child’s best interest.

Contact Our DuPage County Family Law Attorneys

If you are planning on filing for divorce, contact Mevorah & Giglio Law Offices for assistance. Whether you need a skilled negotiator that can protect you and your child during mediation, an experienced advisor when determining your options, or an aggressive advocate in a litigated divorce, we can deliver. Schedule your free initial consultation with our DuPage County family law attorneys to learn more. Call 630-932-9100 today.

Source:

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2086&ChapterID=59&SeqStart=8300000&SeqEnd=10000000