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How Is the Allocation of Parental Responsibilities Decided in DuPage County, IL?

Young couple arranges guardianship of little girl. allocation of parental responsibilities

Often, a child’s parents decide the allocation of parental responsibilities between themselves or with the help of lawyers, mediators, or other third parties. If the agreements seem fair, a judge should approve them. However, when the parents disagree, the court decides for them. Major considerations in DuPage County and elsewhere in Illinois typically include the child’s needs, the parent-child relationship, the parents’ mental and physical health, and logistics such as work schedules.

Young couple arranges guardianship of little girl. allocation of parental responsibilities

Parental responsibility decisions can be complex, whether you negotiate an agreement or go to court. Call Erlich Law Office at (630) 538-5331 for help.

Factors Judges Consider When Deciding Parental Responsibilities

When deciding the allocation of parental responsibilities, judges’ main concern is the child’s best interests. This requires them to weigh the parent-child relationship, wishes of the child, the child’s needs, and safety.

  • Child’s needs: These include the child’s physical, emotional, and educational needs. For instance, with emotional needs, judges look for parents to have close and stable relationships with the child. For medical needs, if the child has frequent appointments for a disability or chronic illness, the judge may prefer a parent who lives near the child’s school and whose work schedule is flexible enough for the parent to go to these appointments.
  • Relationship between parent and child: Judges look at how each parent has cared for the child and how the parent continues to do so. A parent with a consistently active role in the child’s life might regularly feed and bathe the child, and put him or her to bed. A child might have a primary bond with one parent or equally strong relationships with both.
  • Wishes of the child: The child’s wishes in DuPage County are never the sole deciding factor, but can carry a lot of weight, depending on the child’s age and maturity level.
  • Cooperation: It is in the parents’ favor if they are willing to cooperate to give the child a relationship with the other parent. Meanwhile, parental collaboration is important if parents are to be granted joint decision-making responsibilities and joint parenting time.
  • Health and safety: In addition to the parents’ mental and physical health, judges examine issues such as a history of substance abuse, neglect, or domestic violence.
  • Practicalities: These include work schedules, how close the parents live to each other, how close each residence is to the child’s school, and each parent’s ability to provide various kinds of transportation. About 41% of DuPage County residents who work do so in the county, while 40% work in Cook County.

Courts are not supposed to make decisions based on a parent’s gender. In other words, the allocation of parental responsibilities should not be in favor of a mother or father due to gender.

The Role of Parenting Plans in Allocating Responsibilities

When navigating child custody agreements, the parents may agree on a plan themselves, or it might be something the court decides. Either way, parenting plans explain how the parents share their decision-making power and parenting time.

A parent in Illinois must submit a parenting plan within 120 days of filing for parental responsibilities. If both parents agree on a plan, they can submit a joint plan. Otherwise, the court assesses the parents’ separate documents to determine the best way forward. Parenting plans usually cover areas such as:

  • Where the child lives and each parent’s parenting time schedule
  • Who has decision-making responsibilities in areas such as education, health care, and religion
  • How the parents share information about the child with each other
  • How the parents will resolve disputes, perhaps through mediation

The parenting plan is legally binding once the court approves it. If a parent breaks its terms, consequences include penalties and modifications that could mean the violating parent gets less authority and less time with the child.

How a Lawyer Can Help With a Parenting Plan in DuPage County, IL

Child custody issues get complicated fast. A parental responsibility lawyer or child custody lawyer can assist with many things, including writing and negotiating parenting plans and advocating for your rights and your child’s best interests. Lawyers can also help if an ex-spouse violates a parenting plan. You may accidentally violate a plan, too, which can occur if the terms of the plan are unclear. Your lawyer can write a plan with clear terms and keep you on track.

A lawyer can also assist if the other parent tries to have past actions used against you in a child custody case. For example, a lawyer can challenge the admissibility of the other side’s evidence, help you gather proof of your positive influence in your child’s life, document your ability to offer a stable environment, and explain why some claims may be misinterpreted or exaggerated.

How Allocation of Parental Responsibilities Works

The allocation of parental responsibilities can involve many back-and-forth discussions. This is common even when parents have relatively similar parenting philosophies and views on what is best for their child. Parents must balance each other’s interests, perspectives, and schedules, as well as those of the child, often while dealing with the tension from a split or divorce.

Filing

One parent may start the process by filing a petition for the allocation of parental responsibilities. This is what used to be called custody in Illinois. Both parents have 120 days to turn in a parenting plan.

However, many parents choose to file a joint parenting plan. They may schedule meetings and use lawyers or mediators to reach agreement. Illinois has a parenting plan template that parents can use during this process. Filing a joint plan can streamline custody and empower the parents. It also gives them the opportunity to customize solutions that work for them and their children.

Attending Required Mediation

If the parents cannot agree on a plan, the state typically wants them to attend mediation. Depending on the issues and the willingness to cooperate, the parents may be able to agree on a plan in a single session, over several sessions, or not at all. However, custody and parenting plans explained during mediation can help parents understand their responsibilities.

Mandated mediation can be helpful, but has drawbacks. For example, the parents might not have a say in selecting the mediator. This can lead to worries about the mediator’s availability, impartiality, communication style, or ability to understand the dynamics. If a parent is not comfortable with the mediator, the process may become less effective. This is one reason some parents prefer to handle mediation themselves and submit a joint parenting plan instead of filing separate plans. That way, parents can choose the mediator on a timeline that works for them.

Mediation, whether mandated or not, may not lead to a fair outcome in cases of power imbalances. Mediators cannot force a parent who is aggressive or hostile to compromise, and this could leave the other parent at a disadvantage.

Mediation requires open communication and robust participation. It may not be the wisest choice in some situations. A lawyer can help with getting it bypassed if it is not realistic in your situation.

For the most part, lawyers do not attend parental mediation sessions. This gives the parents more of a chance to collaborate and communicate openly. However, lawyers can help before and after sessions to explain negotiation strategies, rights, and responsibilities. Lawyers also should review proposed parenting plans to make sure they are fair before they are submitted to the court.

In especially complex cases or in power imbalance, intimidation, or domestic violence situations, the mediator or the court may allow lawyers to attend sessions. The court may also allow attorneys’ attendance in other circumstances. An alternative is lawyer-assisted mediation, in which parents can pause sessions to consult with an attorney who remains outside the room.

Negotiating

If mediation does not work, each parent’s child custody lawyer may negotiate terms on the parent’s behalf. This can involve considerable proposals and counterproposals going back and forth between the lawyers. If the parents eventually agree on terms, the final plan goes to the court for approval.

Appointing a Guardian ad Litem

The court might appoint a guardian ad litem if the parents continue to disagree. This person interviews the child, parents, teachers, and other people in the child’s life to determine the child’s best interests. The court often adopts GAL recommendations.

Proceeding to a Court Hearing

The court holds a hearing if the parents still cannot agree on a plan. The judge reviews evidence, including GAL recommendations if applicable, hears testimony, and makes a final decision about the allocation of parental responsibilities.

There is a lot involved in allocating parental responsibilities. Contact us at Erlich Law Office to discuss your situation.

Uncontested divorce lawyer Denise Erlich is passionate about helping divorcing couples in the greater Chicagoland area transition to their new life as seamlessly as possible. Ms. Erlich patiently guides her clients through every step of the divorce process and provides clients with candid advice about their case and legal options, so they can make informed decisions about their future.

Years of Experience: More than 20 years
Illinois Registration Status: Active
Bar & Court Admissions: Illinois State Bar Association U.S. District Court, Northern District of Illinois
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