Chicago Joint Allocation Lawyers
Joint allocation of parental responsibilities relating to decision-making allows both parents to maintain the power to make significant decisions for their child, including, but not limited to, the child’s healthcare, education, religion, and extracurricular activities. The parents may have joint allocation even if the child lives full-time with only one parent.
Joint allocation may be the best option for your family if you and your spouse can discuss important decisions about your child and come to agreements. For instance, an allocated parent may have to make decisions about where the child will go to school, other educational decisions, what type of medical care he or she will receive, and decisions regarding the child's religious upbringing. There may, however, be reasons that you and your spouse cannot work together. If this is the case, you or your spouse may decide that one of you should have sole allocation of your child.
The allocation of significant decision-making responsibilities is based on a determination of the child’s best interests. Illinois law requires judges to consider several factors when deciding the allocation of significant decision-making responsibilities. These factors include the wishes of the parents and the child, the child’s needs, how the child gets along with the parents and any siblings, whether the child will be uprooted from his or her school and community, the ability of the parents to cooperate to make decisions, any prior agreement or course of conduct between the parents relating to decision-making with respect to the child, the risk of violence or abuse in each parent's home, and each parent's willingness and ability to support the child's relationship with the other parent.
Under Illinois law, the court must presume that it is best for the child to see both parents as much as possible. Whether joint allocation or sole allocation is the arrangement, the court will attempt to set up parenting time so that the child has the most possible access to both parents. This access will only be restricted if being with one of the parents seriously endangers the child's physical, mental, emotional, or moral well-being.
If one parent's violent or abusive behavior endangers a child, the other parent may file for an Emergency Order of Protection. The order keeps the child away from the dangerous parent until safeguarding can be put in place by the court. Unfortunately, some parents use the Emergency Order of Protection to make it look as though the other parent is dangerous, believing this will make the judge award sole allocation to the filing parent. Whether you need an Emergency Order of Protection to safeguard your child or you need to fight an Emergency Order of Protection that was filed improperly, an experienced Illinois lawyer will establish the facts and protect your rights and interests in court.
In any child allocation dispute, it is important to keep the lines of communication open as much as possible. Negotiating allocation with your spouse usually produces the agreement both spouses prefer. The Chicago allocation lawyers at Nottage and Ward, LLP, are experienced negotiators with twenty years of experience in divorce law, including allocation. We will stand firm on your side to help you reach the allocation agreement you and your child need, whether in negotiation or in court. Contact Nottage and Ward, LLP, at (312) 332-2915 to schedule an initial consultation and learn whether our representation is right for your needs.
- Joint And Sole Allocation FAQs
- The Distinction between Joint Custody and Sole Custody in Illinois
- What Factors Are Considered in an Illinois Child Custody Case?
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Leslie has been the strongest representation I could ask for
Leslie has been the strongest representation I could ask for in a very complicated, emotional matter. She has continuously looked out for my best interest and the best interest of my son. She is always prompt in getting back to me and in keeping me well informed about my case.
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