630-584-4800

630-584-4800

Aurora Child Custody Lawyers

Goostree Law Group

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Attorneys for the Allocation of Parental Responsibilities and Parenting Time in Aurora, IL

When parents separate or divorce, many of the most important and challenging issues that they will need to resolve will involve the custody of their children. In Illinois, custody is generally separated into two components: the allocation of parental responsibilities and parenting time. These terms reflect the two main aspects of raising children after separation: the authority to make decisions about how children will be raised and the actual time that parents will spend caring for their children.

Navigating issues related to child custody can be a complex matter. Parents may need to determine how they will resolve disputes over issues related to their children, and careful planning will be required to ensure that their children's ongoing needs will be met. In most cases, courts will encourage parents to establish arrangements that will provide children with stability and support while helping them maintain positive relationships with both parents. At Goostree Law Group, our child custody attorneys can provide guidance for parents in Aurora, helping them to develop parenting plans that meet the unique needs of their families.

How Illinois Courts Determine the Best Interests of the Child

In every custody case, Illinois courts are required to place the best interests of the child at the center of the decisions that are made. The Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5/602.5 and 602.7) details a variety of factors that may be considered to determine what arrangements will best support a child's overall welfare while protecting their safety and well-being.

These issues that may play a role in decisions about child custody include:

  • The wishes of the children, depending on their age and maturity
  • The mental and physical health of the parents, the children, and anyone else who may be involved in children's lives
  • How well children have become adjusted to their home situations, the schools they attend, and the community where they live
  • The level of cooperation between the parents, including their ability to put their children's best interests ahead of their own desires and to communicate and work together with each other when making decisions about how children will be raised
  • The history of each parent's involvement in providing care for children and making child-related decisions
  • Any history of domestic violence, abuse, or neglect, as well as any other issues that could have an impact on children's safety and well-being in the future, such as a parent's substance abuse
  • Each parent's willingness to encourage children to have a close relationship with the other parent
  • The distance between the parents' homes, the parents' ability to make arrangements for transporting children, and the impact that spending parenting time with each parent will have on children's regular routines

When analyzing these issues, courts will not favor one parent over the other, and all decisions are meant to be gender-neutral. Neither mothers nor fathers are given preference when deciding how child custody will be handled going forward. Ideally, the arrangements put in place will allow children to thrive emotionally, academically, and socially.

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Tricia D. Goostree

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Parenting Time Considerations

In Illinois, the term "parenting time" is used instead of "physical custody." Parenting time refers to the schedule that details when children will live with or spend time with each parent. In most cases, these schedules are meant to provide children with substantial contact with both parents. Each parent has the right to have reasonable amounts of parenting time unless doing so would not be in the best interests of their children.

When developing a parenting time schedule, important considerations include:

  • Consistency: Children benefit from routines that minimize disruption in their daily lives.
  • School and Activity Schedules: Parenting time must account for transportation, extracurricular activities, and homework.
  • Holiday and Vacation Schedules: Parenting plans should address how holidays, birthdays, and school breaks will be divided between parents.
  • Parental Availability: Work schedules, travel requirements, and other obligations may affect how parenting time can be structured.

Parents are encouraged to work together to design a schedule that balances fairness with the child's developmental needs. If they cannot agree, the court will implement a plan based on an assessment of the child's best interests.

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Allocation of Parental Responsibilities

In addition to parenting time, Illinois courts also decide how decision-making authority will be handled. "Legal custody" is referred to in Illinois law as the "allocation of parental responsibilities." These responsibilities may be shared jointly by both parents or allocated primarily to one parent, depending on a family's circumstances, including how decisions had been made in the past and how well parents will be able to cooperate.

Parental responsibilities generally cover major decisions in four primary areas:

  • Education: This area of authority may include choosing schools, addressing special education needs, and making decisions about tutoring or academic programs.
  • Healthcare: Parents will need to determine how they will make decisions regarding medical treatment, dental care, and psychological counseling.
  • Religion: Decisions may address a child's religious upbringing and their participation in related activities.
  • Extracurricular activities: Parents may decide whether a child will participate in sports, clubs, or other enrichment opportunities.

Contact Our Aurora, Illinois Child Custody Attorneys

At Goostree Law Group, our dedicated attorneys can help you create a parenting plan, advocate for a fair allocation of parental responsibilities and parenting time, and focus on solutions that will provide for your child's well-being. Contact our Aurora child custody agreement lawyers at 630-584-4800 to arrange a free consultation.

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