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Schaumburg, IL Child Custody Attorneys

Trusted Attorneys Representing Clients for the Allocation of Parental Responsibilities and Parenting Time in Schaumburg, Illinois

If you have kids, the decision to end your marriage through divorce is probably not going to be easy. Your family will likely go through a lot of changes as you and the other parent separate from each other and begin establishing new households and independent lives. During this time, you will want to make sure your children's needs will be met, and you will also want to provide them with a sense of consistency and make sure they know what to expect. As you determine how you and your ex will work together to raise your children going forward, it is crucial to get legal help and representation from a skilled family law attorney.

The lawyers of A. Traub & Associates are passionate about safeguarding your parental rights and helping you achieve a positive outcome to your divorce. We can also provide legal help for unmarried parents who need to determine how they will share custody of their children. During your child custody case, we will help you find solutions that will put your children's needs first. We will listen to your concerns and wishes regarding the custody of your children, and we will provide robust legal support and representation throughout your case.

Allocation of Parental Responsibility in Illinois

Divorcing or separated parents will need to determine how they will share in the "allocation of parental responsibility," which was formerly known as "legal custody." Parental responsibilities involve the right to make decisions about how children will be raised. Parents can share responsibilities, or one parent may be solely responsible for certain decisions. As they determine how to handle these issues, responsibilities may be allocated between parents in the areas of:

  • Medical Care and Treatment: Choices made in regards to a child's medical treatment, dental or orthodontic care, or mental and emotional health will fall under this category.
  • Educational Matters: Parents who are allocated responsibility in this area may choose where children will attend school and whether they will receive tutoring or other forms of instruction or education.
  • Extracurricular Activities: In addition to academics, parents may determine how they will make choices about their child's extracurriculars, including participation in athletics, scouting, music instruction, clubs, or other non-educational activities.
  • Religious Matters: Depending on the religious background of the parents and their desires regarding their children, they may need to determine how they will make decisions about if or where children will go to church or other services, as well as whether they will receive religious education and participate in activities with certain organizations.

Parental responsibility decisions will be detailed in a parenting plan, which will become part of the parents' divorce decree or child custody order. Parents can negotiate the terms of their parenting plan, and they may use mediation or other methods to resolve any disputes they encounter. If a workable agreement cannot be reached, the final decisions about parental responsibility will be made by a judge.

Parenting Time in Illinois Divorce and Child Custody Cases

In Illinois, what most people refer to as "physical custody" or "visitation" is known as "parenting time." In most cases, parents are presumed to have the right to reasonable amounts of parenting time, and this right is not affected by other decisions made about the allocation of parental responsibilities. That is, even if one parent has not been allocated any decision-making responsibilities, they will still be able to regularly spend time with their children unless there is strong and compelling evidence showing that this would put the children at risk of physical or emotional harm.

The law is designed to ensure that both parents can still play an important role in their children's lives after a divorce. Parenting time agreements must be fair and reasonable, taking into account the best interests of the child. The parenting plan that is created as part of a couple's divorce decree or in a family law case involving unmarried parents will outline the details of parenting time. The parenting agreement will specify when children will stay with each parent during the school year and on holidays and vacations, detail transportation arrangements for children, and address any other important child-related concerns.

Most of the time, parents will not face any restrictions to their parenting time, and they will be able to spend time with their children in any location they please while engaging in the activities they believe are appropriate. However, in cases involving domestic violence, drug or alcohol abuse, or other situations where children may be at risk of harm, a parent may be subject to certain restrictions. These may include the requirement for supervised parenting time or for parents to exchange children through third parties or in a neutral location.

Contact Our Schaumburg Child Custody Attorneys

At A. Traub & Associates, we understand that going through a divorce or child custody case is not only hard on you, but also on your entire family. We will do everything in our power to make sure that your parental rights and the best interests of your children are protected every step of the way. To set up a confidential consultation with one of our compassionate, experienced attorneys, contact us today at 630-426-0196.

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