Geneva, IL Allocation of Parental Responsibilities Lawyer

Family Lawyer for Parental Responsibilities and Decision-Making in Kane County

Getting divorced can affect your children just as much as it affects you, if not more so. In addition to the emotional pain that the divorce may bring, your children will likely face major changes to their living arrangements, daily routines, household rules and expectations, and relationships with each parent. As a parent, you have an important responsibility to work out a parenting plan that protects your children's best interests as your family begins this new and uncertain chapter of your lives.

At Loire Krajniak Law, LLC, we can guide you through the allocation of parental responsibilities in your divorce to help you achieve an arrangement that best meets your family's needs. Attorney Reese Krajniak has more than 10 years of legal experience, and she understands the issues and obstacles that parents often face during the Illinois divorce process. Whether your divorce is amicable or contested, she can help you work toward a positive outcome.

Allocating Parental Responsibilities in Illinois

Many people are familiar with the term "child custody," but Illinois law no longer uses this term with respect to child-related decisions during the divorce process. Instead, divorcing parents are expected to work out an "allocation of parental responsibilities." One important aspect of this allocation is parenting time, or the time that a child will spend living in each parent's home and care. However, parents also must determine how they will share responsibility for important decisions related to the child's upbringing.

Illinois law specifies four areas of significant decision-making responsibilities that parents will need to allocate. These four areas are:

• Education- This includes decisions regarding whether the child will attend public or private school, which specific school the child should attend, and whether the child should participate in tutoring or other academic programs.
• Health - This includes the choice of the child's healthcare providers and decisions regarding the child's physical and mental health care and treatment.
• Religion - This includes the choice of the religion in which the child will be raised, as well as the child's involvement in religious services and education.
• Extracurricular activities - This includes the choice of sports, clubs, lessons, and other out-of-school activities that the child will be involved in.

For each of these significant decisions, parents may share responsibility, or one parent may be allocated sole responsibility.

Factors Affecting the Allocation of Parental Responsibilities

In many divorce cases, parents are willing and able to work together to negotiate the allocation of parental responsibilities. Often, this means that both parents will continue to be involved, and that they will be expected to communicate with each other and come to agreements regarding significant decisions after the divorce.

However, an agreement is not always possible, and it is sometimes necessary for the court to allocate parental decision-making responsibilities according to the child's best interests. When doing so, the court will consider factors including:

• The child's wishes and needs
• The parents' wishes
• The child's educational, religious, and extracurricular history and each parent's past involvement in significant decisions
• The parents' willingness and ability to cooperate and to encourage a positive relationship between the child and the other parent
• Any evidence that a parent's involvement in significant decision-making would be detrimental to the child's well-being

If the allocation of responsibilities must be determined by the court, we will help you prepare for litigation with evidence and testimony in support of your preferred resolution.

Contact a Yorkville Family Law Attorney

If you need help negotiating the allocation of parental responsibilities or protecting your child's best interests in court, we are ready to assist. Contact us to set up a free initial consultation by calling 630-448-2406. We serve parents in Yorkville, Geneva, Sugar Grove, Plano, Aurora, and throughout Kane County, and the surrounding areas.