How does the Court allocate parental responsibilities in Illinois in a divorce case?
In Illinois, parental responsibilities (formerly known as child custody) are allocated based on the best interests of the child. The goal is to ensure that the child's physical, emotional, and developmental needs are met while maintaining a meaningful relationship with both parents, whenever possible. Here's how the court typically allocates parental responsibilities in a divorce case:
1. Parenting Plan: The court encourages parents to create a parenting plan outlining how they will share parental responsibilities and parenting time (formerly known as visitation). If the parents can agree on a parenting plan, they can submit it to the court for approval. The parenting plan should address issues such as decision-making authority, parenting time schedules, holidays, vacations, and communication between parents and children. If the parents are unable to agree, the court will likely order the parties to attend mediation (with a court ordered trained mediator) to see if they are able to resolve their difference and come to an agreement regarding parental responsibilities.
2. Best Interests of the Child: If the parents cannot agree on a parenting plan, the court will allocate parental responsibilities based on the best interests of the child. Illinois law provides a list of several factors that the court must consider when determining the child's best interests, for decision-making and parenting time. Some of those factors are below.
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- The child's wishes, taking into account the child's age and maturity.
- The child's relationship with each parent and any siblings.
- Each parent's willingness and ability to facilitate and encourage a close and continuing relationship between the child and the other parent.
- The child's adjustment to their home, school, and community.
- The mental and physical health of all individuals involved.
- Any history of abuse or domestic violence.
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3. Allocation of Decision-Making Authority: Parental responsibilities are typically divided into four main areas: education, healthcare, religion, and extracurricular activities. The court may allocate decision-making authority for each area to one or both parents based on the child's best interests. For example, one parent may have sole decision-making authority for healthcare decisions, while both parents may share decision-making authority for education and extracurricular activities.
4. Parenting Time Schedule: The court will also establish a parenting time schedule that outlines when the child will spend time with each parent. Parenting time schedules should be designed to promote the child's best interests and maintain frequent and meaningful contact with both parents.
5. Modifications: Parental responsibilities and parenting time arrangements are not set in stone and can be modified if there is a significant change in circumstances or if it is in the child's best interests to do so. Either parent can petition the court to modify the allocation of parental responsibilities or parenting time if necessary. There are certain statutory timelines affecting when and how parental responsibilities can be modified.
Overall, the court's primary consideration in allocating parental responsibilities in a divorce case is the best interests of the child. Consulting with a knowledgeable family law attorney, such as Denise M. Kuzniewski, can provide guidance and assistance in navigating the process and advocating for your rights as a parent.
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