Reaching a resolution regarding your parental rights and responsibilities is often the most challenging part of a divorce. In Illinois, child custody and parental visitation laws leave a lot of room for interpretation, leaving it to the two parties to work out the details of how, where, and on what timeline they will care for their child. Therefore, it can take a little time to sort through each component of your parenting plan with the assistance of a lawyer and come to an agreement with your ex.
Parenting Rights and Responsibilities in Illinois
When defining each party’s parenting role after a divorce, you will find that parental rights and responsibilities go hand in hand. Your child’s right to financial, physical and emotional support translate to certain parental responsibilities that can be outlined and articulated in your parenting plan. With some exceptions such as in domestic abuse cases, parents also have a right to relationships with their minor children. Therefore, noncustodial parents typically are awarding parenting time, or visitations, in their agreements.
While you are in charge of how you spend your time with your child, certain issues can be hammered out in your parenting plan. According to Illinois law, the allocation of parental responsibilities will determine the role you and your spouse will have in making certain key decisions in your child’s life. Areas that are usually addressed include:
- Education. The type of education, where children attend school, and even tutors can be included in your agreement.
- Healthcare. How to address medical decisions such as maintaining health insurance, covering dental care, and addressing psychological care are often addressed in agreements.
- Religion. Whether your child will be raised in a particular religion or religions, if parents have different religious beliefs, may be agreed upon by the two parties.
- Extracurricular Activities. Whether a child is involved in extracurriculars, which ones, and who will take them to their activities can also be a part of your plan.
It’s not just a matter of determining which days you will see your child, but also what kind of influence you will have in certain areas of their upbringing. Under the Illinois Marriage and Dissolution of Marriage Act, the courts may divide the allocation of responsibilities in the above areas on an individualized basis, leaving some leeway for interpretation in your case. For instance, your spouse may end up with more influence over your child’s education, while you might maintain a stronger say in their healthcare decisions. Your attorney will be essential in helping you determine the allocation of rights and responsibilities in your case.
Shared Custody, Legal Custody & Sole Physical Custody in Illinois
Contrary to common misconceptions about child custody – known as parental responsibilities in Illinois – the custodial aspect of your agreement can take on different forms. It is increasingly less common for one parent to end up with sole custody of a child. While physical custody determines where the child will live, legal custody denotes your ability to make decisions that impact your child’s life.
The courts may allocate parenting time based on a number of factors:
- How the child feels about his/her home;
- How the child has adjusted to his/her school and community;
- How the child interacts with the parents and other family members;
- How the parents communicate with each other, as well as their child;
- The physical and psychological well-being of the parents; and
- Any kind of physical or emotional abuse toward a spouse or child.
Talk to your lawyer about the kind of living arrangement you think would benefit you and your child so there is a bigger chance your agreement matches what you envision.
Your Family Lawyer Will Help You Determine Parenting Time in Your Divorce Case
How a child’s time is divided between households can vary quite a bit, which is why so many cases center around the allocation of parenting time. Are you anticipating a 50/50 division of parenting time that will result in alternating weeks, or a schedule designed to favor the parent with a more flexible and open schedule? It’s important to understand the pros and cons of any plan before signing on to it. Even if you expect to be the custodial parent, children generally benefit from having relationships with both parents. Your lawyer will work with you to understand your situation, define your goals in this area, and anticipate how your case will be viewed in a court of law.
David A. King, P.C. Helps Parents in Divorce Cases in DuPage, Cook, Kane & Will Counties
Our team at the Law Office of David A. King, P.C., will put in place the best strategy for making your case in court. A highly qualified, experienced family law attorney knows what the court is expecting, can walk you through the filing process, and will help you maximize your chances of a favorable outcome that puts your child’s interests first.
Contact the Law Office of David A. King, P.C. to schedule a consultation to discuss any questions you may have about your parenting agreement.
