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Kane County Child Custody Attorneys

Kendall County Parental Responsibilities Attorneys

Law Firm Assisting With the Allocation of Parental Responsibilities in Geneva and Batavia

Unmarried parents and parents going through a divorce often disagree about how to share parenting duties. Because many parents feel so strongly about child-related issues, disputes regarding child custody can become very heated. While some parents are able to eventually agree upon a parenting arrangement through negotiation or mediation, others are not able to resolve parenting disagreements without court intervention.

Emily Rapp at McSwain Nagle Giese & Rapp, P.C. represents parents involved in custody disputes both inside and outside of the courtroom. When a resolution cannot be reached outside of court, our seasoned litigation attorneys will advocate on your behalf throughout each step of the litigation process, including at trial. If the outcome of your case is affected by misapplication of the law or a court error, we will work with you to appeal the judge's ruling.

Lawyers Helping Resolve Child-Related Disputes in DuPage County

In 2016, the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5) enacted substantial family law changes. Among these modifications were changes to the language describing child custody. Before the revamp, child custody was often a "winner-take-all" process where the parent with custody gained the majority, if not all, of the parenting authority, while the other parent only had the opportunity to "visit" his or her child.

Child custody is now referred to as the "allocation of parental responsibilities," and visitation is called "parenting time." Parental responsibilities are thought of as a spectrum of duties that parents can share in a number of different ways. The two main types of parental responsibilities are decision-making responsibilities and care taking functions. The authority to make significant decisions, including those that address the child's education, extracurricular activities, religion, and healthcare may be granted to one parent or shared by parents.

St. Charles Family Law Attorneys You Can Depend On

Illinois law also now requires a parenting plan to be put in place between parents who wish to share responsibilities. Within 120 days of the initial filing of the custody case (including a divorce filing), parents must submit a proposed plan detailing how parenting duties will be distributed. If the parents cannot develop a plan together, they may submit separate plans to the court for consideration. The judge will then make a decision about the unresolved issues via an allocation judgment.

The parenting plan must include several statutory elements, including but not limited to:

  • A parenting time schedule or detailed method for determining parenting time
  • A distribution of significant decision-making responsibilities
  • Each parent's right to access the child's healthcare records, school and extracurricular reports, and child care records
  • Provisions regarding future proposed changes to the parenting plan
  • Provisions regarding any future parental relocations
  • Arrangements for transporting the child between households

Family Law Attorneys Fighting for You

If you and your child's other parent disagree about how to divide parental responsibilities or parenting time, you may be overwhelmed and unsure of what steps to take. Emily Rapp at McSwain Nagle Giese & Rapp, P.C. knows just how stressful child-related disagreements can be on both the parent and the child. That is why we are committed to resolving child custody disputes quickly and efficiently.

When a negotiated resolution is impossible, however, we are fully prepared to protect your interests at trial. Principal Attorney Emily Rapp is a skilled litigator with years of courtroom experience. She and her team know what is at stake, and we will work hard to get you the favorable outcome that you and your child deserve.

Schedule a Free Consultation

To learn more about the allocation of parental responsibilities in Illinois, contact our office. Call 630-402-0185 to schedule a free consultation and case evaluation with Emily Rapp at McSwain Nagle Giese & Rapp, P.C. today. Our team represents clients in Geneva, St. Charles, Elgin, Elburn, Batavia, Wheaton, Naperville, DuPage County, Kane County, Kendall County, and the surrounding neighborhoods.

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