Brookfield Child Custody Attorney

Child Custody Lawyer Serving Clients in Brookfield, Illinois

When you are facing child custody issues or trying to navigate the development of a parenting plan in Illinois, it is extremely important to have a Brookfield child custody lawyer on your side. Child custody matters are complicated, and they often are emotionally difficult ones that can result in disputes between parents and other family members. Recent changes to Illinois law (750 ILCS 5/) have attempted to reshape the notion of child custody in the state in order to emphasize the important relationship between the parent and the child. As such, we no longer use the term “child custody” when it comes to the law, but instead we refer to the “allocation of parental responsibilities.”

Learning About the Allocation of Parental Responsibilities

If you are going through a divorce in Brookfield and have children from the marriage, or if you have questions about child custody laws in Illinois, it is important to understand how child custody laws in the state have changed in recent years. What does the allocation of parental responsibilities entail?

Before the law changed, the court would make determinations about two types of child custody:

  • Legal custody (or making important decisions about the child’s upbringing); and
  • Physical custody (or providing day-to-day care for the child).

Each of these areas of child custody either could be sole custody (such as sole legal custody or sole physical custody) or shared (such as shared legal custody or shared physical custody). With changes to the law, however, legislators sought to provide more flexibility. Now, when the court allocates parental responsibilities, it still makes decisions about who will make important decisions about the child’s upbringing and who will provide caretaking functions for the child (now called “parenting time” under the law). However, it can be more flexible in its approach. For example, in allocating significant decision-making responsibilities, the court can decide that one parent should make important educational decisions for the child, while the other parent should make important religious upbringing decisions for the child.

To be clear, under the new law, the court allocates the following parental responsibilities:

  • Significant decision-making responsibilities (which looks a lot like legal custody); and
  • Parenting time (during which the parent provides caretaking functions for the child, which looks a lot like physical custody, or visitation).

Developing a Parenting Plan

The law also gives parents in Brookfield the opportunity to develop a “parenting plan,” through which the parents come to an agreement about significant decision-making responsibilities for the child as well as parenting time. When parents are able to come to an agreement about a parenting plan, then that plan can be submitted to the court for approval.

If the court approves of the parenting plan, it will go into place. In situations where parents cannot agree to a parenting plan, then the court will allocate parental responsibilities. A Brookfield family lawyer can speak with you about developing a parenting plan.

Contact a Child Custody Attorney in Brookfield

To learn more about the allocation of parental responsibilities in Illinois or to obtain assistance with your case, an experienced Brookfield family law attorney can help. An advocate at Arami Law Office can speak with you today. Contact Arami Law Office to learn more about the services we provide.