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Advocating for Your Rights as a Parent in an Illinois Divorce

Posted on in Divorce

Elgin divorce lawyer parental rightsWhile Illinois is a “no fault” state in matters of divorce, the casting of blame and claiming of negative attributes is arguably still relevant in one matter that is directly related to divorce: the allocation of parental responsibility. Decisions about where children will live and who will be responsible for making decisions regarding how they are raised can be among the most contentious issues that parents must address during divorce. When working to resolve these issues, it is essential to have an attorney on your side who can protect your rights and advocate for your family’s best interests.

Allocating Parental Responsibility and Parenting Time in Illinois

Illinois law no longer uses the term “child custody” when referring to the legal or physical custody of children following divorce. This term has been replaced with “allocation of parental responsibilities.” The law identifies four areas of decision-making responsibility that can be divided or shared between parents: education, healthcare, religion, and extracurricular activities.

In addition to identifying areas of decision-making responsibility, Illinois law also refers to the time children spend with both parents as “parenting time,” rather than designating a custodial parent and granting visitation to the other parent. With this change, the law recognizes the importance of both parents’ roles in their children’s lives. 

When making decisions about how to allocate parental responsibility and parenting time, courts will take a variety of factors into consideration, including the parents’ past relationships with their children, any agreements or prior conduct between parents regarding how their children will be raised, parents’ history of caring for their children and participating in decision-making, and parents’ ability and willingness to cooperate in raising their children.

Advocating for Your Rights as a Parent 

During divorce proceedings, one parent will often levy accusations and make claims about the other parent’s behavior and parenting ability in hopes of gaining an advantage in decisions regarding the allocation of parental responsibility and parenting time. When you are facing these types of accusations and fighting to maintain a close relationship with your children during your divorce, you need a strong legal advocate who can ensure that your rights are protected and help you achieve the best possible outcome to your divorce case. 

If you need help resolving issues related to your children during your divorce, the skilled, experienced attorneys of Ariano Hardy Ritt Nyuli Richmond Lytle & Goettel P.C. can provide you with the legal help you need. Contact a Kane County divorce attorney today at 847-695-2400 to arrange a free consultation.

Sources:

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2086&ChapterID=59&SeqStart=8300000&SeqEnd=10000000

Illinois State Bar Association DuPage County Bar Association Kane County Bar Association DeKalb Bar Association
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