Prior to 2016, courts referred to the division of parenting time between two parties in terms of child custody awards. Over the last few years, however, the state legislature has updated the Illinois Marriage and Dissolution of Marriage Act (IMDMA), as a result of which, judges have been directed to refrain from using the terms child custody and visitation, but to instead focus on allocating parenting time and parenting responsibility.
Although this change has helped reduce the amount of conflict between parents, these types of determinations remain complex, so if you and your partner have decided to divorce, or you were never married and have questions about allocating parenting time, it is critical to speak with an experienced child custody attorney near you who can advise you.
Many parents who are in the middle of a divorce, or are involved in a paternity case are able to negotiate in order to come up with an agreement on how parenting time and responsibility will be divided upon separation. In these cases, the parents must put the agreement in writing and submit it to the court. These agreements will only be approved by a court if the terms of the plan are in the child’s best interests and include:
Such an agreement could require the parties to share parenting time on an equal basis, or could involve the child spending more time with one parent, but ensure that both parents have an equal say in major decision-making. Ultimately, the type of schedule that a family comes up with will depend on their specific circumstances and what would be in the child’s best interests.
Parents who are unable to reach an agreement on the division of parenting time and responsibility will have these issues decided by a family law court, in what is referred to as an allocation judgment. These proceedings usually involve assessments by court-appointed experts who evaluate the child’s parents, as well as the child, and all parties’ living situations. After hearing testimony from both parents, as well as evidence submitted by experts, the court will make a decision based on what it believes would be in the child’s best interests.
When creating a parenting time schedule, courts assess a number of factors, including:
Although each situation is unique, a common parenting time allocation involves giving each parent time with their child on alternating weekends, school vacations, and holidays, while dividing school day evenings as evenly as possible.
Parental decision-making responsibility is divided into a few different categories. For instance, significant decision-making responsibilities typically include decisions regarding the child’s religion, education, extra-curricular activities, and medical care. Caretaking functions, on the other hand, refers to the decisions that must be made when providing day-to-day care. While all of the significant decision-making responsibilities will either be shared by both parents equally, or granted exclusively to one party, responsibility for performing caretaking functions belongs to each parent when he or she has physical custody of the child.
For help with your own child custody-related questions and concerns, please contact the dedicated child custody attorneys near me at Law Office of Demetrios N Dalmares and Associates Ltd..
This place is 1000% recommendable! So far the process has been super smooth and easy to deal with. They placed all my worries out the window and I've slept better knowing they are on my team. Currently in tears knowing I'll be able to resolve this but sad that it's never going to be the family I thought I could have had. It's ok though, it's time to move forward. Thanks DnD.
Demetrios saw my case to the end. Great outcome! Justice prevailed!
I would absolutely recommend Demetrios to anyone! He is all for his clients and most importantly honest. He helped me deal with a very difficult situation and got me what I deserved. I already have referred a few people to him and each one so far is very satisfied and happy with their results.
Demetrios is honestly the best attorney to help through any divorce situation or custody battle. He will go above and beyond to make sure to guide you through it all. I have referred many people to him, and every person has been more than impressed. I even referred someone that needed immediate attention after hours, and he contacted her right away! I can promise you one thing he knows his stuff, and you won’t be disappointed!
Demetri is extremely knowledgeable and confident In what he does. He is everything I searched for in a lawyer, I thank him for his determination and courage. I don’t see many lawyers leveling up with him in court, wouldn’t have wanted anyone else by my side during such a tough time.
Demetrios is at the top of his profession. The combination of his knowledge and experience along with his experienced and dedicated staff guided me through my legal needs in a timely and compassionate manner. Certainly a monumental task during a pandemic. Thank you, Demetrios.
Super professional legal services law office. Highly strong communication skills and clients representation. Point-oriented legal path and service. More specifically, I had a very good experience upon hiring and dealing with Attorney Demetrios Dalmares as he understood all I wanted and walked me through all details required to achieve the desired goals with minimal losses. Good job Demetrios! Highly recommended. Good luck and will definitely refer if asked. Thank you
Demetrios, I cannot thank you enough for you diligence, patience, knowledge, concern and determination to represent my best interest. From the bottom of my heart, you are amazing and thank you for all you have done for me. Robin
In a case where Law Office of Demetrios N Dalmares and Associates Ltd. represented Husband: Couple shared ownership in a business, resulting in complex property division issues. After investigation of the couple’s financial history, our client received a much more equitable divorce agreement than what was originally offered.
In a case where Law Office of Demetrios N Dalmares and Associates Ltd. represented Mother: Father became aggressive and violent toward Mother during their separation, prompting her to seek full custody of their children. At trial, the court granted Father supervised parenting time only and Mother was awarded child support.
In a case where Law Office of Demetrios N Dalmares and Associates Ltd. represented Husband: Couple had been locked in a contentious divorce for nearly three years and changed lawyers several times. Law Office of Demetrios N Dalmares and Associates Ltd. provided the experience and organization needed to resolve the case within months, avoiding a trial for our client.
In a case where Law Office of Demetrios N Dalmares and Associates Ltd. represented Wife: Wife left a successful career to raise children. When Husband denied spousal support based on Wife’s previous earnings, Law Office of Demetrios N Dalmares and Associates Ltd. countered with evidence that retraining was needed, and our client was awarded spousal support.
In a case where Law Office of Demetrios N Dalmares and Associates Ltd. represented Wife: Husband tried to intimidate Wife into a divorce settlement that heavily favored his interests by drawing out the case. Law Office of Demetrios N Dalmares and Associates Ltd. represented Wife through trial, where she received an equitable share of marital assets.
In a case where Law Office of Demetrios N Dalmares and Associates Ltd. represented Father: Mother began cohabitating with a new partner who made significantly more than our client. Law Office of Demetrios N Dalmares and Associates Ltd. successfully demonstrated that the new relationship justified a modification and obtained a favorable outcome through negotiation.