Divorce can be hard on a family when there’s a child involved. It often involves a judge making decisions about what each parent can and cannot do. If you are thinking about a divorce, it is important for you to get honest legal advice from experienced professionals. Our lawyers at O’Dekirk, Allred and Associates in Joliet understand the new laws that affect the basics of parental responsibility in Illinois family law.
Let’s look at some recent changes in the law.
Parental Responsibilities
In Illinois, as it pertains to divorce, the word custody has been replaced with the word decision-making. The word visitation is now parenting time. Parents are required to make a parenting plan and if they can’t agree, the judge will decide what their parental responsibilities are. This means the judge will tell the parents who will be making decisions for the child and who gets parenting time.
Allocation Judgment
Parents are charged with making a parenting plan that sets out the basics of parental responsibility in Illinois family law, such as decision-making boundaries and parenting schedule. But what if they can’t agree? Now, the judge has to decide for the parents and give an allocation judgment based on the best interests of the child. (750 ILCS 5.602.5(a))
The judge’s allocation judgment for significant decision-making will cover the areas of education, health and religion. The judge then assigns decision-making tasks to one parent or the other (or both), and they can be divided any way the judge sees fit. In fact, even if you don’t get divorced, you can ask the court to assign parental decision-making power for you.
If the parents can’t decide on a parenting schedule in their parenting plan then a judge can also decide that according to the child’s best interests. (750 ILCS 5/602.7(a))
120-Day Filing Deadline for Parenting Plan
You have 120 days to submit a joint parenting plan. If you can’t agree then each parent submits a separate plan.
Temporary Allocation Awards
When there is significant discord regarding decisions for the child during a divorce, the judge can make a temporary allocation of decision-making power between the parents which can’t be appealed.
Mediation
All parents in family court must try to mediate problems involving the basics of parental responsibility in Illinois family law. You may be assigned a court-appointed mediator, and some counties, the mediator will make recommendations to the judge. Confidentiality of the information you give to the mediator depends on the county you live in.
Which parent makes the decisions about your child and who gets parenting time will affect the whole family and may be the most important results of a divorce. Don’t try to figure out the basics of parental responsibility in Illinois family law on your own. Our lawyers at O’Dekirk, Allred and Associates in Joliet understand the new laws and can protect your interests and your child’s future. Please give us a call and let us help you fight for your rights to make decisions for your child.