Divorce is a complicated process, and it can be an emotionally difficult time as well. One of the hardest things may be the involuntary separation from your children. If your former spouse filed for divorce, he or she may have received temporary custody during divorce proceedings. That often means you only see your children during evening and weekend visits, while also being expected to pay child support. In Illinois, the laws were changed in 2016 to include different language. Custody is now referred to as parental responsibility allocation or decision making power, while child support is now duty of support.
Whatever phrase you use to describe it, parental responsibility allocation or custody is often one of the most contested aspects of any divorce. Both you and your former spouse likely want to live with your children full time. It can be hard to find a mutually beneficial compromise when emotions are high. If you are in the process of getting divorced and do not agree with your former spouse about parental responsibility allocation or other critical topics, such as asset division, you need to speak with an experienced Illinois family law and divorce attorney as soon as possible.
Both parents have equal rights under the law
Some people mistakenly believe that the courts will always place children with a specific parent due to gender. That misconception may keep them from actively seeking favorable parental responsibility allocation. In reality, the courts do not care about your gender. They care about your ability to provide for your children financially and to create a supportive and stable home environment as they grow. Working with an experienced attorney can help you build a case for a fair parental responsibility allocation decision from the courts, whether you want primary or shared custody of your children.
Many factors can contribute to a successful case for shared or full parental responsibility allocation. Timely child support payments, regular visitation attendance, and a history of a positive relationship with your children will all be key factors. Working with an attorney who understands Illinois law and who has experience in helping parents seeking a positive parental responsibility allocation is also very important.
An attorney can help you secure better custody arrangements
Your attorney can help in a variety of ways. In addition to helping you build a case for parental responsibility allocation in Illinois, your attorney can help you if your child support needs to be modified. The right attorney can make all the difference when you're going through a parental responsibility allocation battle with your former spouse. Don't risk losing out on critical times in your children's lives. Take a proactive step to protect your relationship.
Source: Nov. 30, -0001