How Allocation of Parenting Time Can Affect Your Child’s School Arrangements

By Nottage and Ward on September 6, 2016

In 2016, the state of Illinois changed the term “custody” into “allocation of parenting responsibilities” in order to separate parenting responsibility issues such as education, religion, living arrangements etc. from parenting time. When a divorce occurs, it can be especially traumatizing for the children involved. Parents should always consider how their actions and the decisions they make both during and after the divorce will affect their children. Parents can sometimes come to an agreement over these custody issues on their own if the divorce was amicable, but other times when a decision cannot be reached or disputes arise, the courts need to step in and evaluate the possible solutions. Courts always try and do what is in the best interest of the child when it comes to determining custody related issues, so they will first examine the specific facts of each individual case before rendering their decision.

Similar to joint custody or sole custody, parents now Parenting Responsibilities and Parenting Time between them. Allocation of Parenting Responsibilities means determining whether both parents are given shared power over important decisions that will affect how the child is raised and their overall welfare such as where they will go to school and any medical care they need, of if one parent should have sole decision making authority.  Mom may have sole decision making authority for medical care and Dad may have sole decision making authority for educational decisions.  The parties or the Court can address each of the four decision making areas separately, or they may all be awarded to one or both parents. Allocation of parenting time means setting scheduled times when the child will live with each parent.

It is important to first understand these two types of allocation since they both have significant effects on school arrangements. By sharing allocation, both parents have to decide on where it is best for their child to go to school. Failure to come to an agreement can result in the child starting school late and can cause the child unnecessary stress from not knowing where they will be attending. By sharing allocation, both parents have to determine how they will structure their visitation schedules and the living situation of the child, which can be especially difficult if one parent doesn’t live within the school district.

According to Honorable Anne Kass, a District Judge in New Mexico, “the last half of August is always a nightmare for family court [because] that is when we see case after case in which divorced parents are at war about school.” She suggests that the child should “continue to attend whatever school they previously attended until the parents agree, or a court orders otherwise [and] the child should be enrolled in the school district of the parent with whom the child spends most of their time.”

You don’t want your personal feelings towards your former spouse to negatively affect your child’s education. In the event that you are divorcing and need to draft an agreement that involves Allocation of Time or Responsibilities of your child, or if you are already divorced and a legal dispute arises over your current Custody Judgment, you’ll need the professional counsel from the Chicago Allocation of Time attorneys at Nottage and Ward. So contact us today at (312) 332-2915 for a consultation.