Two Chicago professionals who have been married for 15 years have decided that it is time to file for divorce. They have a 10-year-old son together and are concerned about how they will parent their child. One of the reasons they are seeking divorce is their inability to agree on critical parental decisions, including whether to raise the child as a religious person and the overall approach to discipline. The husband believes that the child is acting out and having issues in school due to lack of discipline, while the mom would like to take a softer approach and consider counseling and other options.
In an Illinois divorce proceeding, one of the most important and frequently contested issues involves allocating decision-making responsibilities for the child. Some couples can agree on the allocation of their responsibilities without any major conflict. Other couples, such as the couple mentioned above, may have difficulty deciding who gets to make the decisions and the outcome of those decisions. If you are a parent seeking sole legal custody to make decisions on behalf of your child, it is essential to discuss your case with an attorney. Even if you would like to share the decision-making responsibilities, an experienced attorney can help you protect your rights.
What Parental Decision Making Responsibilities Can the Court Allocate?
When parents can come to a custody arrangement on their own, the courts may decide to enter their agreement into law during the divorce proceeding. What happens if you and your spouse are not able to determine how to allocate parental decision-making responsibilities? When parents can agree on allocating decision-making responsibilities and writing, a family court judge will need to make that decision. Family court judges make their custody decisions based on the child’s best interest using several factors to decide. Under Illinois law, the responsibilities to make decisions for a child include, but are not limited to the following:
- Choice of education
- Choice of religion
- Health care decisions such as dental, medical, and psychological needs
- Level of involvement in extracurricular activities
Judges can either grant legal custody, the ability to make important decisions to one or both parents. In Illinois, judges try to grant legal custody to both parents because they recognize the importance of both parents playing a role in their child’s life. The court will determine how to divide decision-making abilities between parents based on the child’s best interest include, but are not limited to, the following factors:
- The child’s preferences if they are old enough
- The child’s needs
- The child’s ability to adjust to life in their home, school, and community
- The physical and mental health of everyone involved
- The parent’s ability to work together to make decisions
- The extent to which each parent contributed to the decision-making for the child in the past
- Any history of domestic violence or abuse
Contact a Chicagoland Divorce Attorney Today
Are you considering filing for divorce, but are unsure about how best to allocate parental responsibilities? If you need representation for a divorce or child custody matter in Cook County, Glasgow & Olsson is here to help. When you need an attorney, experience matters. Contact us today to learn how our experience can get you the results you deserve.