The Process of Allocating Parental Responsibilities During a Divorce

 Posted on October 12, 2022 in Child Custody

If you and your partner have already decided to pursue a divorce, you have begun what can become a long, complicated, and intimidating process. It should be no surprise that things can quickly become contentious when children are involved in divorce cases, as they often are. 

Every parent wants the best for their child. But unfortunately, the truth is that divorce can often be the hardest on the children involved. To ensure that your child's best interests are kept at the forefront of all the decisions you and your ex-spouse make, consider contacting an experienced family law attorney with extensive experience in helping clients determine the proper allocation of parental responsibilities.

Illinois Law Concerning Parental Responsibility and What It Entails

Throughout a divorce case, when children are involved, they are typically highly affected by whatever decisions are made between their parents. Under Illinois law, the court will allocate parental responsibilities to correspond with whatever the child's best interests are - unless the parents can agree between themselves,  in writing, about what the allocation of significant decision-making responsibilities will be. Nothing in the law states that parental decision-making will be automatically granted to each parent. 

In the context of Illinois law, parental responsibilities are defined as the right to make decisions about a child's upbringing. Four main categories of major issues are at play in these situations that directly affect the child. These categories are:

• Education - This involves deciding where the child will go to school, tutors they may need, and any other form of instruction. 

• Health - All medical and dental care the child receives, psychological care, and mental health treatment. 

• Religion - Whether the child will attend church or participate in any other religious activity. 

• Extracurricular activities - Any activities pursued outside the classroom, such as music, clubs, dance lessons, and sports. 

Determining a Child's Best Interests

In a perfect world, during a divorce, the two parents could sit down and devise a plan to make decisions regarding their children. However, suppose the parents cannot work things out between them - in that case, mediation is an option that can be pursued, where either the parent's attorneys or another third party comes in and helps the parents negotiate. If mediation fails, the decision of how parental allocation will be carried out will be decided by a family court judge. 

When a judge is looking to determine a child's best interests, they look at several factors. These factors can include the following:

• The needs of the child. 

• The wishes of the parents.

• The mental and physical health of all parties involved.

• The wishes of the child or any other interested party. 

• Level of engagement each parent has in their child's life. 

• Whether either parent has a history of domestic violence or abuse. 

Contact an Arlington Heights Parental Responsibilities Lawyer

Divorces are a very trying time for all parties involved. To protect your child and ensure their life remains as happy and consistent as possible, consider hiring a highly knowledgeable Arlington Heights parental responsibilities attorney with A. Traub & Associates who can help you navigate this difficult time. Call 847-749-4182 to schedule a private and comprehensive consultation. 

Source: 

https://www.ilga.gov/legislation/ilcs/documents/075000050K602.5.htm