Allocation of Parental Responsibilities & Parenting Time

Parenting Matters

The guiding principle in all family matters is "the best interest of the child." Successful parenting agreements are best reached when parents are able to keep that principle foremost in mind and work together for the benefit of their child or children. However, decision-making and parenting time can quickly become the most contentious and highly disputed issues in divorce cases.

In January 2016, the Illinois Marriage and Dissolution of Marriage Act changed and removed the "sole custody" and "joint custody" designations. The new parenting agreements for divorcing parents incorporate "allocation of parental responsibilities." If parents are able to work together for their child's best interest, they will have the joint legal right to decide on critical educational, medical, religious, and extra-curricular matters. If they are unable or unwilling to cooperate, the court must decide which parent can properly make significant decisions for the child.

The new standard, beginning in 2016, is "allocation of parenting time." There must be a legal determination of where a child will primarily reside, as well as a written parenting schedule for weekdays, holidays, and vacations. If there is no agreement between the parents on the allocation of time, this matter too must be litigated and the court must decide what is in the child's best interest.

The attorneys at Wayne and Jemilo are able to help avoid these battles by drafting agreements that satisfy the parents and the court. They are skilled negotiators, working actively with their clients to achieve this goal. However, if an agreement cannot be reached, these attorneys are also experienced litigators to bring these matters to trial in court. This may include requesting the appointment of a child representative or guardian ad litem, or a psychologist or psychiatrist to evaluate a family in order to determine the allocation of parenting time and decision-making.

Whether you need help with critical parenting matters in a new case, modification to an existing agreement or parenting schedule, or enforcement of an arrangement, contact our law office at (312)332-2919 to schedule a consultation.

Modification of Decision-Making, Parenting Time, and Child Support Modifications

Just like families, children grow and change. Parenting agreements sometimes need to be adapted to the changing needs of children and families. Our experienced attorneys can help you:

  • Seek or defend against modifications to an existing parenting agreement;
  • Fight a request-or obtain permission-to relocate with your child from the State of Illinois;
  • Obtain parenting time for grandparents; or,
  • Modify or enforce child support obligations.

Even if you are experiencing difficulties receiving full and/or timely child support payments, you cannot deny parenting time because of failure to pay child support.

Dedicated to Optimal Results

At Wayne and Jemilo, our dedicated family law attorneys have years of experience handling divorce cases involving children, and are committed to creating an optimal parenting agreement on your behalf. We are dedicated to family law and hold the needs of our clients and their families above all else. Contact us today at (312) 332-2915 for a consultation. We look forward to addressing all of the concerns you may have.