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Allocation of Parental Responsibilities (Custody)


Child Custody Attorneys Serving Elgin, Algonquin, and West Dundee

One of the most contentious and emotionally-charged issues divorcing couples need to resolve is the allocation of parental responsibilities. Formerly known as child custody, this is the process of deciding how to divide the parental duties and working out a parenting time/visitation schedule. If you are facing a divorce, and there are children involved, you need a strong and compassionate attorney by your side to ensure that your interests and the interests of your children are protected.

At the Law Office of Vogel & Mourelatos, LLC, we have over five decades of combined experience helping clients negotiate the allocation of parental responsibility, or child custody, agreements and resolve all other issues related to divorce in Kane County and throughout the Chicago area. Our attorneys are caring and professional, and we work closely with our clients to provide the personalized representation they deserve. We take the time to listen and understand your unique circumstances, so we can develop a legal solution that fully addresses your needs and concerns.

Allocation of Parental Responsibility Laws in Illinois

On January 1, 2016, Illinois updated its Marriage and Dissolution of Marriage Act with the goal of encouraging a more cooperative and collaborative approach to parenting children after a divorce. The state replaced the term “child custody” with “allocation of parental responsibilities,” and Illinois courts now divide each parent’s responsibilities in the areas of decision-making and parenting time.

The decision-making responsibilities deal with four primary areas:

  • Education
  • Medical care
  • Religious upbringing
  • Extra-curricular activities

One parent may be given most or all of the decision-making responsibilities, they could be divided between the parents by topic (e.g., one parent decides education and medical care, and the other decides religion and extra-curricular activities), or they could make decisions in each area jointly.

Cases involving parental responsibility and parenting time/visitation are usually required to go through mediation before they come to trial. During this process, a mediator attempts to bring the parties to an agreement without court intervention. If no agreement is reached on their own, then the court makes the decision based on several factors. These include:

  • The age of the child(ren).
  • The wishes of the child(ren) and parents.
  • The physical and mental health of the child(ren) and parents.
  • The parenting roles of each spouse prior to the divorce.
  • The emotional ties between the child(ren) and each parent.
  • The geographic location of each parent.
  • The lifestyle and other factors of each parent.

It may be important to consider the tax implications when allocating parental responsibilities and parenting time. Recent federal tax law changes have done away with dependency exemptions. To make up for this, however, the per child tax credit was doubled from $1,000 to $2,000. Usually, the parent with primary physical custody is the one who receives this benefit, unless he/she assigns this right to the other parent. In cases where both parents have the children for well over 100 days per year, it may be possible for the parents to take the credit in alternate years.

Speak With a Caring Elgin Allocation of Parental Responsibilities Attorney

Parenting is one of the most important issues to resolve during a divorce. The manner in which parental responsibilities are allocated will have a major impact on your children both now and well into the future. At the Law Office of Vogel & Mourelatos, LLC, we understand the delicate nature of these issues and the emotional and psychological impact they have on children. We handle these issues with compassion, skill, and an eye toward preserving delicate family relationships.

For an initial consultation with one of our seasoned divorce attorneys, contact our office today at 847-428-7725 or 630-200-4882. We serve clients in Kane County, McHenry County, DuPage County, Cook County/Rolling Meadows, Algonquin, Barrington, Barrington Hills, Batavia, Bull Valley, Burlington, Campton Hills, Carpentersville, Cary, Crystal Lake, Dundee, East Dundee, Elgin, Geneva, Lake in the Hills, Pingree Grove, St. Charles, South Elgin, West Chicago, West Dundee, Woodstock, and the surrounding Illinois communities.