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Swearingen Law Offices

Call Us630-820-8877

1700 North Farnsworth Avenue, Suite 28, Aurora, IL 60505

Aurora, IL Allocation of Parental Responsibility Attorney

Elburn child custody divorce attorney

Divorce Lawyer Assisting Parents With Child Custody Agreements in Kane County

When parents decide to dissolve their marriage and get a divorce, they must make some difficult decisions about how they will continue raising their children in two separate households. Unfortunately, disagreements over child custody (now known in Illinois as the allocation of parental responsibility) can become highly contentious, and working out how to resolve these issues often requires the assistance of a knowledgeable, experienced divorce attorney.

When working to reach an agreement on child-related issues during divorce, an understanding of the Illinois divorce statutes is crucial. At Swearingen Law Offices, we will work closely with you to help you understand the Illinois divorce laws and how they apply to your specific case. Attorney Brad Swearingen has more than 38 years of experience representing clients in divorce cases, and he will make sure you have the information you need to make the right decisions during your divorce, while advocating for your best interests throughout the process.

Allocating Parental Responsibility According to Illinois Statute

Illinois divorce statutes have been modified in recent years to better represent the relationships that parents have with their children. The statutes no longer grant legal or physical custody to one or both parents. Instead, the law uses the term "allocation of parental responsibility," defining four areas of decision-making responsibility which may be allocated to one parent or shared between the parents. These four areas are:

  • Education - Where children will attend school and any other decisions related to their educational needs.
  • Healthcare - Decisions about children's doctors and the treatment that will meet their medical, dental, and mental health needs.
  • Religion - Whether and where children will attend church and receive any religious training or education.
  • Extracurricular activities - Decisions about the various activities children participate in, such as sports, music programs, gymnastics, dance classes, and clubs.

As with parenting time, Illinois' law states that parental responsibility should be allocated according to children's best interests. Parents may be able to reach an agreement about these issues through mediation, but if necessary, a judge may be required to make a decision about how parental responsibilities should be allocated. When doing so, they will weigh several factors to decide what is in children's best interests, including:

  • Children's wishes, while taking their maturity and ability to express themselves into account.
  • Both parents' wishes.
  • Children's needs.
  • The physical and mental health of all parties involved.
  • Each parent's past participation in making significant decisions regarding their children.
  • Any previous agreements or conduct between the parents about decision-making.
  • The parents' ability and willingness to cooperate with each other in making decisions.
  • Whether conflict between the parents will affect their ability to share decision-making responsibilities.
  • Whether each parent will be willing to encourage their children to maintain a good relationship with the other parent.
  • How the distance between the parents' separate homes will affect parents' and children's daily schedules, and whether parents are willing to cooperate in transporting children between their homes.
  • Whether children are in danger of physical violence or abuse when in the care of a parent, or if there is any other reason a parent's decision-making responsibility should be restricted.

Contact a Kane County Divorce Lawyer

The decisions made during divorce will have a major impact on your current and future relationship with your children. At Swearingen Law Offices, we will work personally with you to make sure you understand the law governing the allocation of parental responsibility, helping you protect your children's best interests during and after your divorce. Contact an Aurora divorce attorney today at 630-820-8877 to schedule a consultation. We serve clients in North Aurora, Naperville, Batavia, Montgomery, and throughout Kane, Kendall, and DuPage Counties.

AVVO AV Rating 10 Best Client Satisfaction Leading Counsel Kane County Bar Association
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