Are you thinking about filing for divorce, but have questions about how the court will handle matters involving the allocation of parenting time, rights, and responsibilities? Have you recently separated from the other parent of your child? Matters concerning child custody and visitation are among the most complicated and contentious in family law.
Illinois law strives to maintain a strong bond between a parent and their child, which fosters a healthy parent-child relationship, regardless of the marital status of the parents. To this end, Illinois law no longer uses terms such as “child custody” or “visitation.” Instead, the Illinois Marriage and Dissolution of Marriage Act (IMDMA) has replaced that language with the “allocation of parental responsibilities” and “parenting time.” An experienced Illinois child custody lawyer can answer your questions today.
What is the difference between parental responsibilities and parenting time? Generally speaking, “parental responsibilities” describe what we used to call legal and physical custody. Specifically, the statute defines parental responsibilities as “both parenting time and significant decision-making responsibilities with respect to a child.”
How about parenting time? This term takes the place of physical custody and visitation. As the statute clarifies, parenting time “means the time during which a parent is responsible for exercising caretaking functions and non-significant decision-making responsibilities with respect to the child.”
When parents can agree to parental responsibilities and parenting time, they can develop what is known as an “allocation judgment” or “parenting agreement.” If the court decides that the parenting agreement is in the best interests of the child, then it can sign off on that agreement which then becomes a legal document. However, if the parents cannot agree, then the court will allocate parental responsibilities. The following are just some of the issues that need to be addressed in a parenting plan or allocation judgment:
How does the court allocate parental responsibilities? It looks to a number of different factors to determine what is in the best interests of the child, including but not limited to:
Ultimately, the court wants to allocate parental responsibilities in a way that retains the important parent-child relationship, while also serving to protect the child’s best interests.
Child custody and visitation, or the allocation of parental responsibilities, can be complicated. A dedicated child custody lawyer in Illinois can help you with your case. Contact Law Office of Demetrios N Dalmares and Associates Ltd. to discuss your options with an experienced advocate.
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
With Demetrios, you don't have to worry about anything. He knows what he's doing. I have two lawyers before him. It was a long case and messed up for 2 years. Since Demetrios took my case, he finished it in a couple of months. He is very organized and smart, and he will take you through that very smooth process. Thank you so much Demetrios, I owe you a lot.
Demetrios Dalmares is a very good attorney. He did a great job in assisting me through my divorce. This is the attorney who will get the job done!
Demetrios has helped me through a very difficult time in my life. He is not intimidated by increased levels of challenges. He has been able to adapt to my unique circumstances and get over every hurdle with confidence. He's intelligent, kind and a good listener. I wholeheartedly recommend Demetrios and his excellent staff to all my family and friends. I assure you that his commitment to helping others is reassuring, and I hope it sets your mind at ease.
Mr. Dalmares was great to work with. He walked me through the process and kept me updated on any updates that had occurred. Highly recommended!
Thank you, Demetrios, for your tenacity, attentiveness and patience in working with me in finalizing my divorce. God Bless
5-star team, very helpful, very friendly, punctual. Hired for a paternity case and was very pleased with the outcome. Demetrios is great; I highly recommend!
I recommend Demetrios Dalmares with the highest praise as a divorce attorney. My divorce was settled quickly and without any unnecessary drama. I was updated regularly regarding the progress of my case. He was extremely knowledgeable, diligent and persistent. Demetrios Dalmares was clearly working in my best interest and the best interest of my three children. He is definitely the attorney you want on your side when going through a divorce. I cannot thank or recommend him enough!
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.