Cook County Allocation of Parental Responsibilities Lawyer

Attorneys Assisting With Child Custody During Divorce Cases in Oak Park and Berwyn

As a parent, divorce can be an incredibly complicated and emotional process. You and your ex-spouse are likely to disagree about many issues, including how the two of you will continue to make decisions about raising your children. When you are working to reach an agreement and resolve the avalanche of legal issues you are facing, you need a dedicated attorney on your side. 

The divorce lawyers of Wakenight & Associates, P.C. have over 95 years of combined legal experience, and we provide strong advocacy for clients who need to resolve complicated disputes over child custody. We will fight for your parental rights throughout the divorce process, ensuring that you will have a plan in place that meets your children's needs.

Allocation of Parental Responsibility in Illinois

Under Illinois law, the right to make decisions about children's upbringing is known as the "allocation of parental responsibilities." Rather than granting sole or joint legal custody to divorcing parents, four types of responsibilities are identified, and they can be shared between parents or granted solely to one parent:

1. Education - Decisions about where children will go to school and the need for tutoring or the pursuit of other educational opportunities.
2. Health - Decisions about children's medical, dental, and mental health treatments and providers.
3. Religion - Decisions about whether or where children will go to church and/or receive any religious education.
4. Extracurricular activities - Decisions about children's participation in activities such as sports, music lessons, gymnastics, dance classes, clubs, or camps.

Parents are required to file a proposed parenting plan with the court within 120 days after a petition for the allocation of parental responsibilities has been filed. If the parents are able to decide between themselves about how parental responsibilities and parenting time will be divided, they can submit an agreed parenting plan that, when approved by the court, will be incorporated into their divorce decree. Otherwise, each parent will submit their own proposed parenting plan that describes their desired allocation of parental responsibilities.

If the parents cannot agree on a parenting plan, they may be ordered to use mediation to attempt to resolve their differences. If they are not able to reach an agreement through mediation, or if the court determines that mediation is not likely to succeed due to high amounts of conflict between the parties, a hearing or trial may be held to determine how to resolve these issues.

During a hearing, a judge will consider both parents' proposed parenting plans, as well as any other evidence or witness testimonies provided by the parties, when making a decision about how to allocate parental responsibility. The judge's decision will be based on what is in children's best interests while attempting to maximize the children's relationship with and access to both parents. 

Contact an Oak Park Child Custody Attorney

During your divorce case, our skilled attorneys will advocate for your parental rights. If necessary, we will address any parental alienation that may affect decisions about parental responsibility, and we will work with you to determine whether issues related to substance abuse or mental health will play a role in these decisions. To learn more about how we can help you reach a positive divorce outcome that protects your relationship with your children, contact us at 708-480-9651 to arrange a free consultation. From our Oak Park law office, we provide legal help to divorcing parents in Skokie, Maybrook, Chicago, Cicero, Riverside, Forest Park, Berwyn, Elmwood Park, River Forest, and Cook County.