Child custody cases are always emotional and complex, even when both parents agree to how they will share custody of their children. Recognizing the complexities of child custody situations, from allocation judgments to relocation and modifications, it is important for parents in Chicagoland to work with an experienced child custody attorney in Cook County throughout their child custody case. At the Arami Law Office, we know that each child custody case is different, and we can speak with you today about tailoring a child custody strategy to the specific facts of your family situation in Cook County.
If you have a family member or friend who went through a child custody case several years ago or more, you may have heard about legal custody, physical custody, and visitation. You should know that the Illinois Marriage and Dissolution of Marriage Act (IMDMA) no longer uses these terms in child custody cases. Instead, courts now allocate parental responsibilities. There are two different types of parental responsibilities that must be allocated:
Nearly all child custody decisions that courts in Cook County make are based on what is in the best interests of the child.
There are two ways in which parental responsibilities can be allocated:
To be clear, in order to have parental responsibilities allocated through a parenting plan, the parents need to agree on the terms. In addition, the way in which parental responsibilities have been allocated must be in the best interests of the child. In most cases, the court will agree that the developed parenting plan is in the best interests of the child and will make agree to the terms. However, in some situations, the court may decide that the parenting plan does not allocate parental responsibilities in a way that puts the child’s best interests first. In such a scenario, the court either can require the parents to amend the terms of the parenting plan or can allocate parental responsibilities itself. For example, if parents agree to share parenting time in a manner that the court determines is not in the best interests of the child, it will not sign off on the plan.
Parenting plans can allocate significant decision-making responsibilities, parenting time, or both. When parents cannot agree to the allocation of parental responsibilities, the court will allocate those parental responsibilities through an allocation judgment.
Going through a child custody case in Cook County is difficult and complicated under any circumstances. It is essential to have an experienced child custody lawyer in Cook County on your side who can help you to show that you should play an important role in making significant decisions about your child’s upbringing in addition to sharing in parenting time. One of the advocates at our firm can discuss the particular details of your case with you today. Contact the Arami Law Office to learn more about how our family law attorneys can help you.
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