How are Parental Decision Making Responsibilities Determined in Illinois?

 Posted on July 01, 2021 in Family Law

In a divorce proceeding that involves a child, one of the most important and often contested matters that ex-spouses have to settle is the allocation of decision-making responsibilities. While some couples can agree on the allocation of these responsibilities with relatively no issues, others may struggle on certain topics. If you are a parent who is seeking sole decision-making responsibilities of your child, it is imperative to discuss your case with an experienced family law attorney.

What Decision Making Responsibilities Can the Court Allocate?

If the parents of a child cannot agree upon the allocation of significant decision-making responsibilities in writing, the court system will make that determination. With the goal of determining the child’s best interests, the court will consider many factors before granting this privilege to one or both of the parents. According to 750 ILCS 5/602.5, these responsibilities include but are not limited to the following:

• Choice of education

• Healthcare relating to the medical, dental, and psychological needs of the child

• Choice of religion

• Involvement in extracurricular activities

How Does The Court Determine My Child’s Best Interests?

In the state of Illinois, significant decision-making responsibilities are allocated based on the best interests of the involved child. Before a final decision is made, the court will consider issues such as:

• The child’s preferences

• The child’s ability to adjust to their life at home, school, and community

• The mental and physical health of those involved

• The parents' ability to work together in regard to making decisions

• The extent to which each parent has contributed to decision-making for the child in the past

• Any prenuptial or postnuptial agreement regarding decision-making or prior conduct as it relates to the child

• The preference and wishes of the parents

• The child’s needs

• The distance between the two homes and how the travel will affect the child’s daily life and schedule

• Any restrictions in regard to decision-making found appropriate by the court under 750 ILCS 5/603.10 

• Each parent’s ability to foster the child’s relationship with the other parent

• Any physical violence or threat of physical violence by a parent directed at the child

• Any domestic violence or abuse

• Whether either parent is a sex offender

• Any additional factor that is deemed relevant by the court

Contact an Experienced Kane County Family Law Attorney

At Serrano Hanson, we understand the importance of family law matters. Fluent in English and Spanish, we work with our clients in order to understand their specific needs and to provide a clear explanation of all options available. Our skilled Geneva, IL child custody attorneys are dedicated to helping our clients achieve their legal goals and resolve family law disputes. Call us at 630-844-8781 today to schedule an initial consultation.

Source:

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2086&ChapterID=59&SeqStart=8300000&SeqEnd=10000000