Roberts, P.C.

Call Us630-668-4211

104 E. Roosevelt Road, Suite 202, Wheaton, IL 60187

Wheaton Divorce and Parenting Time Attorney

Glendale Heights Allocation of Parental Responsibility Attorney

Lawyer Helping Divorcing Spouses Allocate Parental Responsibility in Glen Ellyn

When parents decide to divorce, decisions about where their children will live and who will make decisions regarding their upbringing can lead to highly contentious disputes. The breakdown of parents' relationship can make these issues especially difficult to resolve, but approaching the situation with an attitude of cooperation and mutual respect can help divorcing spouses prepare to work together as co-parents to their children in the years to come.

For more than 30 years, Attorney Chuck Roberts has worked with divorcing couples to help them resolve disputes related to their children. He regularly works as a guardian ad litem appointed by the court to represent children's interests in divorce cases, and with his knowledge of the law and extensive experience in divorce cases, he can help parents work toward a mutually agreeable resolution to parenting issues.

Allocation of Parental Responsibility

In recent years, the terminology used by Illinois law to describe the issues to be resolved regarding parents and children has changed significantly. The law no longer uses the term "child custody," and parents are not granted sole or joint custody of children. Instead, the law now describes the "allocation of parental responsibility," identifying the following four areas of decision-making authority which can be shared by both parents or allocated to one parent:

  1. Healthcare - Decisions regarding children's medical, dental, and mental health care and treatments.
  2. Education - Decisions about where a child will attend school and any tutoring they will receive.
  3. Religion - Decisions about whether or where a child will attend church or receive religious training.
  4. Extracurricular activities - Decisions about the activities, clubs, or musical lessons children will participate in.

Parenting Time

In addition to using "allocation of parental responsibilities" instead of "custody," Illinois law has replaced "visitation" with "parenting time." This change is intended to allow both parents to maintain an ongoing presence and close connection in their children's lives rather than designating one parent as the primary parent and granting short-term visitation to the other parent.

Creating a Parenting Plan

The decisions about the allocation of parental responsibility and parenting time will be set down in a parenting plan that will be incorporated into the parents' divorce decree or judgment. Parents are encouraged to reach an agreement between themselves on these issues, either through negotiation or mediation. If they are unable to do so, the judge in their case will make decisions for them after considering factors such as the wishes of the parents and children, the parents' past agreements or conduct when making decisions or caring for their children, the amount of time each parent spent caring for their children in the past two years, and whether the parents are willing to cooperate in raising their children and encourage their children to have a close relationship with both parents.

Contact an Oak Brook Divorce Attorney

During divorce, the decisions made regarding responsibility for children and the amount of time children spend with each parent will have a major impact on a family's lives. As you work to reach a resolution on these issues, Roberts, P.C. can help you understand your rights and advocate for your children's best interests. Contact our DuPage County divorce attorney today by calling 630-668-4211 to schedule a free consultation. We serve clients in Hinsdale, Burr Ridge, Naperville, Glen Ellyn, Carol Stream, Glendale Heights, and throughout DuPage and Kane Counties.

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