Kane County Child Custody Attorneys

Experienced Lawyers Helping Clients with Allocation of Parental Responsibilities in St. Charles

kane county illinois child custody lawyers

January 1, 2016, marked the beginning of a whole new world in how Illinois law determines the role unmarried parents play in a child's life. The Illinois Marriage and Dissolution of Marriage Act, which governs most family law matters in Illinois, was overhauled. Rather than making determinations of child custody, the law is now focused on the allocation of parental responsibilities and the role each parent plays in a childs life.

Whenever there are significant changes in the law, it is more important than ever to choose an attorney who is experienced and knowledgeable in handling these matters. At Shaw Family Law, P.C., our attorneys always stay up-to-date on Illinois family law. We will explain how these changes will affect your situation and fight to protect your rights and interests in parenting matters.

Understanding Allocation of Parental Responsibilities

Child custody terminology and ideology is now a thing of the past in Illinois. Rather than making designations of sole custody or joint custody, the law now allocates specific parental responsibilities to each parent. There are four categories of responsibilities, which include:

  • Education
  • Health
  • Religion
  • Extracurricular Activities

In most cases, one parent will still be designated as the primary residential parent in order to allocate child support, determine school district, and provide stability. Both parties are now required to agree to a parenting plan and submit it to the court, or the court will use its discretion to allocate the responsibilities as it sees fit. The primary guiding principle of these decisions remains the best interests of the child. These changes were made with the intention of fostering a more cooperative spirit to co-parenting outside of marriage and to minimize protracted battles over child custody.

In addition to changing the framework for child custody determinations, the updated IMDMA also recognizes a parent's right to parenting time rather than a right to visitation. The change acknowledges that non-residential parents are not visiting their children, but rather spending important time parenting them. The amount of parenting time granted to a parent is independent of how many responsibilities that parent has been allocated.

Contact Our St. Charles Child Custody Lawyers

If you are involved in a divorce, separation or paternity dispute that will involve allocation of parenting responsibilities, contact Shaw Family Law, P.C. by calling 630-206-3300. We offer free consultations to get to know you and your family situation, answer your questions, and discuss your legal options. From our office in St. Charles, we work with clients throughout Northern Illinois including St. Charles, Geneva, Aurora, Batavia, Wheaton, Yorkville, Elgin, DeKalb, and the surrounding area.

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