Cook County Allocation of Parental Responsibilities Lawyers

Illinois Child Custody Laws

Under Illinois law, what is commonly referred to as "child custody" is known as the "allocation of parental responsibilities." This involves the right to make decisions about how children will be raised. The four major areas of decision-making responsibility that may be allocated between parents include: education, healthcare, religion, and extracurricular activities. Each of these types of responsibilities may be allocated solely to one parent or shared by both parents.

Divorcing parents will need to create a parenting plan that addresses the allocation of parental responsibilities, as well as parenting time schedules, rules that parents will follow when caring for children, transportation arrangements, and any other relevant issues. Our attorneys can help you understand your rights and work with you to negotiate the terms of your parenting plan. If an agreement cannot be reached, we can advocate for you through litigation in court.

If child custody matters do need to be resolved in court, the judge will make the final decisions based on what would be in the children's best interests. Illinois law identifies a number of factors that a judge should consider, and our attorneys can help you address these issues when making your case. These factors may include:

• Children's needs and their adjustment to their home, school, and community - We can show that you are the parent who can best provide for your children, and we can demonstrate that you will be able to minimize the disruptions to their lives during and after your divorce.
• Past participation in significant decision-making for children - We can help you demonstrate the level of responsibility you have had regarding your children in the past and show why you should continue to have the authority to make decisions for them.
• Physical and mental health - The court may consider the health of parents and children. We can help you show that you understand how to meet your children's healthcare needs, and if necessary, we can address any concerns you may have about your ex-spouse's health issues.
• Cooperation between parents - A judge will look at whether you and your ex-spouse are willing to work together to raise children and whether each of you is willing and able to encourage your children to have a close and continuing relationship with their other parent. We can help you demonstrate your ability to cooperate while addressing any negative behaviors by your ex-spouse, such as attempts at parental alienation.
• Restrictions - If there has been any history of abuse or threats of violence by your ex-spouse, or if you believe that your children may be in danger of harm, we can help you demonstrate why their parental responsibilities should be restricted.