Kane County Child Custody Attorneys

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

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 child's 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 Sanders, 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 are 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 the 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.

Resolving Disputes About the Allocation of Parental Responsibilities

Parents often have different priorities and concerns regarding their children's best interests, leading to friction and arguments. In many cases, these disputes can be resolved without the need for court involvement via mediation. In mediation, parents can air their issues and work to reach a point of compromise. Mediation sessions are conducted in a neutral setting, such as an office space or a cafe, and the session is overseen by a certified mediator. The mediator does not have the power to deliver a verdict like a judge. Instead, the mediator will steer the discussion and suggest solutions that both parents can agree on. Parents can also turn to mediation after a custody order has gone into effect to resolve disagreements about other issues.

If a judge needs to intervene in a custody dispute, the court may send out a guardian ad litem (GAL) to investigate the child's circumstances and home life. The GAL can then make a recommendation to the judge based on their findings. At Shaw Sanders, P.C., our St. Charles child custody lawyers can represent you in mediation sessions as well as court hearings to address issues with parenting time and allocation of responsibilities.

Meet With Our St. Charles, Illinois Child Custody Lawyers

If you are involved in a divorce, separation, or paternity dispute that will involve allocation of parenting responsibilities, contact Shaw Sanders, P.C. by calling 630-584-5550. We offer free consultations to better understand your family's circumstances, answer any inquiries, and discuss your legal options. Our Kane County child custody attorneys are here to stand up for your rights as a parent.