If you have questions or concerns about a child custody matter in Mount Prospect, Illinois, it is extremely important to reach out to a dedicated Mount Prospect child custody attorney. Over the last year, Illinois courts have implement changes to family law under the Illinois Marriage and Dissolution of Marriage Act (IMDMA), which include revisions to child custody and visitation in the state.
What should you know about the revisions to the law when it comes to child custody and visitation? In brief, the court no longer awards joint or sole custody in Illinois. Instead, under the language of the statute, the court “allocates significant parental responsibilities.” Parental responsibilities have taken the place of child custody, while parenting time has taken the place of visitation. This shift in the law allows the court to allocate specific decision-making responsibilities to the parents based on a number of factors, which can include the wishes of the parents and the wishes of an older child. Regardless of the individual desires of either parent, however, the court still will allocate parental responsibilities based on what is in the best interests of the child.
Generally speaking, the law only permits the parents of the child to request parental responsibilities. When the matter of parentage is in dispute, you will typically need to go to court in order to establish parentage.
These cases can be very complicated, however, and it is important to learn more by speaking with a Mount Prospect family lawyer.
When the court allocates parental responsibilities, it will make clear the parents’ parental responsibilities and parenting time in what is known as an “allocation judgment.” However, in some child custody matters, the parents may be able to come to an agreement about how they will share significant decision-making responsibilities concerning the child, as well as how they will share the time they will spend with the child. When the parents can agree, they may be able to develop a “parenting plan” that the court can sign off on.
When parents cannot agree, however, under the IMDMA the court will allocate parental responsibilities based on what is in the best interests of the child. It will look to many different factors to determine the best interests of the child, including the mental and physical health of the parties, the child’s and parents’ wishes, and the child’s adjustment to his or her school, home, and community.
You should not have to deal with a child custody case on your own. The laws surrounding the allocation of parental responsibilities are complicated, and it is essential that you have a dedicated advocate on your side. An experienced child custody lawyer in Mount Prospect can talk with you today about your case and can answer any questions you might have. Contact SAM LAW OFFICE, LLC to get started.