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IL family lawyerDue to changes in Illinois state family law, child custody is now referred to as parental responsibilities, still, the definition remains the same. If a parent is awarded parental responsibilities, they will essentially be granted custodial privileges. In the state of Illinois, parents can be awarded decision-making power as well as parenting time. While many couples seek to secure the overwhelming majority or all of the parental responsibilities in a divorce, the truth is that sharing parental responsibilities can be in your child’s best interest. If you are seeking a divorce, it is critically important to speak with a knowledgeable parental responsibilities attorney.

Your Child Maintains a Relationship With Both Parents: While visitation rights can still be granted in a divorce in which one parent is awarded all parental responsibilities, a child can benefit greatly from living and experiencing life with both parents. If you and your spouse both believe that you are capable parents, it may be time to work with your attorney to come to an agreement on the issues surrounding parental responsibilities, such as parenting time. Working with your spouse to develop a parenting plan can ensure that you have the flexibility to develop a schedule that will be conducive to your child’s lifestyle.

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IL family lawyerWhen a couple elects to get a divorce, the process can be incredibly emotionally challenging. This is especially true when children are involved in divorce. Not only are parents looking to ensure that the divorce will not jeopardize their financial security, but they are also looking to gain significant custodial privileges. Due to changes to child custody laws in the state of Illinois, there is no longer a sole-custody parent. That being said, one parent can be awarded the vast majority of custodial time, leaving the other parent with less time with their children and in many cases a child support payment plan. In order to ensure that you secure the parental responsibilities you are looking for, it is important to know the first steps to take.

What You Can Do to Secure Parental Responsibilities

With recent revisions to the Illinois Marriage and Dissolution of Marriage Act (IMDMA), state courts now allocate parental responsibilities to divorcing parents. The court will consider various criteria as they make their decision. While it may seem as though the court’s decision is out of your control, there are a number of steps you can take to display why you need to remain a figure in your child’s life.

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Yet another revision to the Illinois Marriage and Dissolution of Marriage Act taking effect on January 1, 2016 is related to custody and visitation.  Starting in 2016, within 120 days of the service or filing of a petition for allocation of parental responsibilities, both parents have to either file a joint proposed parenting plan or, if they are unable to agree, then each parent has to file their own plan with the court.  The 120 days to file the parenting plan can be extended by the Court if good cause is shown and accepted by the Court. 

 

New changes to the Illinois Marriage and Dissolution of Marriage Act are going to take effect on January 1, 2016.  One of the main changes will have to do with custody and visitation of minor children.  No longer will courts use "joint" or "sole custody".  Instead, the Court will allocate what is going to be called "parental responsibilities."  Parents will also no longer have "visitation" with their children.  Rather, they will have "parenting time". 

With regards to "parental responsibilities" for things such as decisions relating to religion, education or health, one parent will either be solely responsible for making those decisions for the children, or the court can assign (or the parties agree) to have these be divided between both parties.  When making the decision as to the division of parental responsibilities, the Court will still look at the best interests of the minor child. 

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