872-331-4144Chicago Allocation of Parental Responsibility Attorneys
Don’t Take This on Alone!
When you are going through the divorce process, it can seem like there is a neverending checklist of things you have to do. That checklist can become exponentially longer if there are children involved.
Divorce is already hard enough. You and your partner, someone you may be leaving because you already don’t agree, are forced to work together to unravel the lives you built together. You must divide your assets, your home lives, and the responsibilities you once shared, including caring for your children.
The allocation of parental responsibilities may be something you never considered when you were in the midst of your marriage. It was likely something you didn’t even consider when you were thinking of filing for divorce.
What is the allocation of parental responsibilities?
January Family Law, LLC is here to help you understand this process. If you are feeling overwhelmed by it or any other part of the divorce process, please call 872-331-4144 to speak with a compassionate child custody attorney today.
What Does it Mean to Allocate Parental Responsibilities?
You and your soon-to-be ex have likely already been working through separating your lives. When it comes to dividing the bank accounts, that’s pretty easy. When it comes to dividing your marital assets, again, it is not too hard because everything has a monetary value assigned to it. Deciding what to do with the home you’ve shared may be difficult, but it still has many solutions available to you.
But splitting parental responsibilities? What does that even mean?
The allocation of parental responsibilities is the legal process in which a family court determines how parenting time, decision-making authority, and parental responsibilities are divided between the two parents.
To simplify, this is the heart of a child custody agreement.
Is Family Court Necessary?
The most important thing to remember during a child custody case is that the primary concern of the family court is the well-being of your child.
The court actually prefers when parents are able to make important decisions without the need for court intervention. That doesn’t mean you and your partner can simply agree not to go to court regarding important topics like parenting time, significant decision-making authority, and child custody in general.
You will be required to work with your partner to create something called a parenting plan.
What is a Parenting Plan?
A parenting plan is an agreement you and your partner create while navigating the separation process. There are many factors that must be included in order for a judge to sign off on it.
We will only go a little in-depth on the necessary content for a parenting plan. We go more in-depth on the elements needed for a successful parenting plan here.
The basics of your parenting plan must have to be accepted by a judge:
- The allocation of important decision-making authority. Joint decision-making, sole decision-making, or a combination of both.
- Living arrangements for the child and a parenting schedule.
- A plan for mediation should a proposed change arise.
- A plan to share the child’s records between both parents.
- Which parent is the designated custodial parent.
- The child’s legal address.
- Contact info for both parents, including their address, phone number, and employment information.
- A clause allocating at least 60 days’ notice before either parent moves.
- Both parents must agree to promptly contact the other regarding emergencies, health care, and other major events affecting the child’s well-being.
These points will need to be addressed, as well as whether the parents choose to go through family court or come to an agreement on their own. A judge will examine the proposed parenting plan to ensure it addresses all of the necessary topics. If the court considers the plan satisfactory, then your parenting agreement will be finalized.
The courts are most concerned with the child’s life, their mental and physical health, and their overall best interests.
What is the Difference Between Sole Custody and Joint Custody?
There are multiple kinds of custody governing the decision-making authority a parent has over their child. Each kind of custody can usually be either sole or joint.
Physical Custody
Physical custody is a parent’s legal right to have their child live with them. One parent is typically named the “custodial parent,” and this will usually be the child’s primary address.
Legal Custody
Legal custody refers to a parent’s right to make important medical, educational, religious, and legal decisions for their child.
Sole Custody
Sole custody is when one parent has sole authority over their child. Both legal and physical custody can be assigned to one parent, granting them the overall ability to make all important decisions for their children’s lives.
Joint Custody
Joint custody offers both parents equal rights to their children’s upbringing. Joint legal custody is when both parents have a say regarding important decisions for their kids. Joint physical custody allows both parents to have equal parenting time with their children.
Even if a judge agrees to a joint physical custody agreement, they will likely still assign one parent as the custodial parent for legal reasons, including appointing the child one legal address and determining which school zone they live in.
Judges can divide custody in a myriad of ways. They can decide that both parents have joint legal custody, but one parent has sole physical custody.
How Do Judges Allocate Parental Responsibilities Without a Parenting Plan?
When parents are unable to work together to create their own parenting agreement, then the court will allocate parental responsibilities by considering the best interests of the child.
A judge will examine each parent’s ability to care for their child’s needs. The child’s education, mental and physical health, religious training, and even their extracurricular activities are all carefully considered.
When allocating parental responsibilities, the judge will also consider the wishes of each parent and the child. While a child does not have to be of a certain age in order to voice their wishes, a judge will instead determine whether the child is mature enough to make a decision on the matter. If a parent does not want custody of their child, then the other parent will likely be awarded sole custody.
How is Visitation Determined and Enforced?
It is understood by most professionals, including the judge presiding over your case, that a child needs time and guidance with both parents for the sake of a healthy, prosperous life. They will attempt to divide time fairly between both parents, even if sole custody is awarded to either parent. This division is usually through a rigid visitation schedule.
Visitation, like custody, is determined based on the best interests of the child. The child’s age, emotional health, and physical health are factored into the decision. They will also want to hear the child’s wishes when creating a visitation schedule.
Visitation is legally enforceable, and failure to comply with a visitation schedule can result in fines and even jail time. You can not deny visitation to your ex, even if they fail to pay court-mandated child support. Don’t try to take the law into your own hands. If your ex fails to pay their child support, work with the court to get to the bottom of it.
Does Abuse Affect the Outcome?
Allegations of abuse are always taken seriously by the court. A judge may choose to award sole custody to one parent while investigating any abuse allegations. They may schedule an evidentiary hearing to collect evidence and witness statements regarding these allegations. If a parent has a history of domestic abuse or violent behavior, the judge will likely factor that into their decision regarding custody and decision-making authority.
Do You Need an Attorney?
These are your kids we are talking about. Don’t they deserve the best?
While an attorney is not legally required for divorcing parents, it is in your best interest to speak with a child custody attorney to help you understand your decision-making responsibility. There is no such thing as a routine divorce; your circumstances are different from anyone else’s.
The law offices of January Family Law, LLC are here to help you through this difficult process. With our team by your side, you and your former partner will be able to divide your parental responsibilities and put your child first.
We are not afraid of litigation. If your ex refuses to work with you for your child’s best interests, then we will gladly have your back in court!