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The Importance of Decision-Making Responsibility in Custody Cases
During your divorce, you and your co-parent will probably have different ideas about how your child should be raised and who should have more control over his or her upbringing. This aspect of child custody is known as decision-making responsibility, formerly known as legal custody. If you have concerns about protecting your parental rights, get in contact with a Kane County, IL family law attorney.
At Shaw Sanders, P.C., we know how to handle delicate custody issues while serving as fierce advocates for parents. In previous cases, clients have praised Attorney Matt Shaw’s communicative approach and knowledgeable counsel in contested child custody disputes. Attorney Shaw’s depth of experience allows him to speak up for parents in court, making a case for a sustainable parenting plan.
Am I Entitled to Decision-Making Responsibility in a Divorce?
As the legal parent of your child, you have a right to petition for custody during a divorce. However, this does not mean that you are automatically guaranteed decision-making responsibility. Instead, the court will assign these responsibilities according to your child’s best interests. Note that decision-making responsibility can be given to one or both parents (750 ILCS 5/602.5).
The judge will weigh many different factors to determine how decision-making responsibilities should be allocated. In particular, the court will consider how much each parent has been involved in past decisions, as well as prior agreements between the parents.
What Decisions Can I Make for My Child After a Divorce?
Decision-making responsibilities usually revolve around major life choices. Illinois law mentions four "significant issues" of special concern to parents, including education, health, religion, and extracurricular activities.
The judge can look at each issue individually, giving one or both parents the authority to make decisions. In most cases, the courts will urge the parents to work together and reach a mutually agreeable parenting plan. That being said, a parenting plan must still be approved by the court.
How Are Disputes About Decision-Making Responsibility Resolved?
If you and your co-parent are unable to agree on how to split up decision-making responsibilities on your own, the court may order you to attend mediation first. This is a much less adversarial process than litigation, taking place in an informal setting. A third-party mediator will oversee the meeting to help you and your ex come up with a parenting plan, a legal document that outlines the allocation of child custody.
If you and your ex plan to share decision-making responsibilities, mediation may be the best option to help you work together as parents. Going to trial is generally viewed as a last resort.
Contact a Kane County, IL Family Law Attorney
As a parent, having input in your child’s life is important. At Shaw Sanders, P.C., we can represent you in disputes about custody and decision-making responsibility, standing by your side in court. To schedule a free initial consultation, call our St. Charles, IL child custody lawyers at 630-584-5550 today.
630-584-5550