Need to settle a child custody dispute in Chicago, IL? KHK Family Law & Divorce Attorneys can help you get through any kind of agreement or hearing. Contact our law firm to schedule a free consultation at 312-702-0068 with a Chicago child custody lawyer to discuss your case.
Child custody disputes can be one of the most challenging and emotional experiences of a parent’s life. If you are anticipating or experiencing a child custody dispute, you should consult with an experienced child custody attorney before you consider entering any kind of child custody agreement or participating in a child custody hearing.
At KHK Family Law & Divorce Attorneys we have nearly 7 decades of combined experience successfully representing parents just like you in their custody disputes. Reach out our Chicago, IL offices today to get started!
Continue reading to learn more about child custody proceedings in Illinois.
How Are Child Custody Disputes Decided in Illinois?
Until 2016, Illinois courts decided child custody disputes as courts in most other states do–by considering various factors to determine which parent should have legal and physical custody of the child. Having legal custody meant having the right to make significant decisions on behalf of the child. Having physical custody meant having the right to have the child reside with you and to be responsible for the child’s care and control. Both legal and physical custody could be awarded jointly to both parents or solely to one parent based on either a custody judgment (a determination by the court) or an agreement between the parties.
Beginning in 2016, however, in determining the appropriate custody arrangements for a child, Illinois courts began issuing “allocation judgments.”
What Is An Allocation Judgment in an Illinois Child Custody Case?
An allocation judgment is a determination issued by the court that allocates parental responsibilities for the child between the two parents. The parental responsibilities that the court allocates between the parents address two aspects of the child’s life:
- Decision-making responsibilities (i.e., legal custody); and
- Parenting time (i.e., physical custody).
Can Parents Agree on the Allocation of Parental Responsibilities and Parenting Time?
Yes. If both parents agree on how their decision-making responsibilities and parenting time for their child should be allocated between them, they may put their agreement in writing. If the court finds the agreement acceptable for the child, it may include the parents’ agreement in its allocation judgment.
Negotiating the allocation of decision-making responsibilities and parenting time can be emotional and complicated. It is important that each parent be represented by an experienced and knowledgeable child custody lawyer who is willing to work with the other parent and their attorney to create a responsible parenting plan that is in the child’s best interest. If the parents cannot reach an agreement on the appropriate allocation of decision-making responsibilities and parenting time for the child, then the court will determine these issues.
How Does a Court Allocate Decision-Making Responsibilities Between Parents?
When a court allocates decision-making responsibilities for a child between parents, it does so based on what it determines to be in the child’s best interest with respect to four different aspects of the child’s life:
- Education. This includes the right to decide the child’s schools and teachers. Often, parents have different views about the background, policies, and curriculum of the school that they want their child to attend. If parents cannot agree on these issues, the court may allow one parent to make these decisions.
- Health. Making decisions about the child’s health includes making decisions about the child’s:
- Medical needs;
- Dental care; and
- Psychological needs; and
- Any treatments or proceedures that arise with respect to any of these needs.
Parents who have different beliefs about the appropriate health care for a child may have a difficult time reaching an agreement on this issue.
- Religion. Generally, a court will allocate decision-making about a child’s religious upbringing based on any express or implied agreement between the parents. The child’s “religious upbringing” includes choices about the child’s:
- Religion;
- Religious denomination;
- Religious schooling;
- Religious training; or
- Participation in religious customs or practices.
If the parents cannot agree on these issues, the court will look to how the parents have raised the child in the past. If there is no evidence demonstrating child support for a particular course of conduct regarding the child’s religious upbringing, then the court shall not allocate any decision-making authority to either parent.
- Extracurricular activities. Making extracurricular decisions for the child includes decisions about the normal activities children engage in outside of, or related to, school. This includes participating in:
- Clubs;
- Team sports;
- Private lessons;
- Hobbies; and
- Interactions with friends.
The court may allocate decision-making responsibilities for each of these significant issues in a child’s life to one or both of the parents.The court does not have to allocate decision-making responsibilities equally to both parents. In fact, if it determines that it is in the child’s best interest, the court could allocate all of the decision-making responsibilities for a child to only one parent. This is why it is so important that you have an experienced child custody attorney to protect your right to make decisions about what is in your child’s best interest.
What Factors Does the Court Consider in Determining the Best Interest of a Child with Respect to Allocating Decision-Making Responsibilities?
When a court allocates decision-making responsibilities between parents, it must consider the following factors:
- The child’s wishes or preferences for which parent makes decisions on their behalf (if appropriate);
- How the child adjusts to their home, school, and community environments;
- The mental and physical health of the child and the parents;
- How well the parents cooperate and communicate when making joint decisions about the child;
- Each parent’s history of decision-making on behalf of the child;
- Any prior agreement between the parents about decision-making responsibilities;
- The wishes or preferences of each parent;
- The child’s needs with respect to decision-making;
- The practical dynamics of making joint decisions for the child, including:
- The geographical distance between the parents’ residences;
- The cost and difficulty of transporting the child;
- The child’s and the parents’ schedules; and
- Each parent’s ability and willingness to cooperate in any decision-making arrangement;
- Whether either parent has engaged in any conduct that:
- Seriously endangered the child’s mental, moral, or physical well-being; or
- Impaired the child’s emotional development;
- Each parent’s willingness and ability to facilitate and encourage a close and continuing relationship between the child and the other parent;
- Any history of physical violence or the threat of physical violence against the child by either parent;
- Any history of abuse against the child or other household member by either parent;
- Any prior sex offenses by either parent; and
- Any other relevant factor.
Because any of these factors may influence a court’s decision to allocate decision-making authority for the child, it is critical for you to discuss these issues and prepare your evidence regarding these issues with an experienced child custody attorney like those at KHK Family Law & Divorce Attorneys.
How Does a Court Allocate Parenting Time Between Parents?
When a court allocates parenting time between parents, it is deciding the time that each parent gets to function as the caretaker for the child and make non-significant, routine decisions with respect to the child. In general terms, by allocating parenting time, the court is deciding each parent’s physical custody rights to the child.
What Caretaking Functions Are Relevant to the Court’s Allocation of Parenting Time Between Parents?
Generally, functioning as a caretaker of a child means doing the things necessary to interact with the child and supervise the child appropriately, or providing the proper resources for someone else to do so. This includes but is not limited to:
- Providing for the child’s daily needs, such as:
- Nutrition;
- Bedtime and wake-up routines;
- Proper care for illnesses and injuries;
- Personal hygiene (washing, grooming, and dressing);
- Entertainment;
- Participation in extracurricular activities;
- Physical safety; and
- Transportation;
- Nurturing the child’s developmental needs, such as:
- Motor skills;
- Language skills;
- Toilet training;
- Self-confidence; and
- Maturity;
- Introducing the child to:
- Discipline;
- Instruction in manners; and
- Chores and other tasks that develop behavioral control and self-restraint;
- Ensuring proper education, including
- Requiring the child to attend school;
- Communicating with the child’s teachers; and
- Assisting with homework;
- Developing the child’s appropriate interpersonal relationships with peers, siblings, and other family members;
- Ensuring proper medical attention;
- Providing moral and ethical guidance; and
- Arranging appropriate alternative care for the child.
The court will consider how each parent’a ability to function as a caretaker affects the best interest of the child and will allocate parenting time accordingly.
What Factors Does the Court Consider in Determining the Best Interest of a Child with Respect to Allocating Parenting Time?
When the parents cannot reach an agreement and the court must determine how to allocate parenting time between the parents, it will presume that both parents are fit and that neither parent should have their parenting time reduced, unless the court finds by a preponderance of the evidence that the parent’s time with the child will seriously endanger the child’s physical, mental, moral, or emotional health. Otherwise, the court will base its allocation of parenting time on the best interest of the child.
In determining the allocation of parenting time that suits the child’s best interest, the court must consider the following factors:
- Each parent’s wishes or preferences for parenting time;
- The child’s wishes or preferences regarding parenting time (if appropriate);
- The amount of time each parent functioned as a caretaker over the previous two years of the child’s life or, if the child is younger than two years of age, since the child was born;
- Any prior express or implied agreement between the parents relating to caretaking functions;
- The nature of the relationship between the child and the child’s parents, siblings, and any other person affecting the child’s best interest;
- The child’s adjustment to the home, school, and community environments;
- The mental and physical health of the child and the parents;
- The child’s needs;
- The practical dynamics of the parenting time arrangement (distance, cost, schedules, etc.);
- Whether the parenting time of either parent should be restricted because of demonstrated past abuse or violence;
- The willingness and ability of each parent to place the needs of the child ahead of their own needs;
- Each parent’s willingness and ability to facilitate and encourage a close and continuing relationship between the child and the other parent;
- Any history of sex offenses by either parent;
- The conditions and requirements relevant to the military family-care plan of a parent who is a member of the United States Armed Forces; and
- Any other relevant factor.
Should I Retain A Chicago Child Custody Attorney For My Child Custody Case?
As you can see, the amount of evidence the court must consider in determnining the allocation of decision-making responsibilities and parenting time is significant. Effectively presenting so much detailed evidence to the court requires knowledge of the court process, training in specialized litigation skills, and experience in winning child custody decisions.
If you want to be effective and successful in presenting your child custody case, call the experienced Chicago child custody attorneys at KHK Family Law & Divorce Attorneys. Your custody rights to your child are too important to present your case alone. We are skill and experienced child custody lawyers who have a proven record of success in fighting for the custody rights of parents just like you. Call us today at (312) 702-0068 for a free consultation.
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KHK Family Law & Divorce Attorneys Chicago Office
166 W Washington St Ste 400, Chicago, IL 60602, United States
(312) 702-0068