Chicago Sole Allocation Lawyers
A divorce can be one of the most traumatic events in a person’s life, but you don’t have to be a victim. An already emotionally charged situation is heightened when there are children involved, and help is available. Parents who are getting a divorce must consider the welfare of their child and how to best go about allocation arrangements relating to parental responsibilities, including significant decision-making and parenting time.
If you are in an allocation dispute, reach out to a Chicago child allocation attorney at Nottage and Ward, LLP. If no agreement can be reached between parents, the court may step in and award allocation based on the best interests of the child. To ensure that the specifics of your argument in regards to child allocation are accurately and effectively presented to the court, you need the family law attorneys at Nottage and Ward, LLP. Call us today at (312) 332-2915.
There are a few different results that could occur from an allocation proceeding. In most cases, Illinois courts prefer to award joint allocation to parents so that, while the parents may no longer have a marital bond with each other, each parent may still build a bond with the child or children. However, in other cases, sole allocation is awarded to one parent. There are two types of sole allocation:
- Sole Legal Allocation means that the allocated parent has significant decision-making rights pertaining to the child’s religious upbringing, education, and medical matters, as well as other major issues.
- Sole Physical Allocation means that the child resides with the allocated parent and is allowed reasonable parenting time with the other parent.
Even in cases of joint allocation, either parent may be granted sole legal or physical allocation. For example, if parents have joint physical allocation, a child may spend school days with one parent while staying with the other parent on weekends or during school breaks. One parent may also have sole legal allocation, meaning they will make final decisions about the child’s health, education, extracurriculars, and religion. The opposite is also possible where parents share legal decisions but only one of them has physical allocation.
In general, a court will try to maintain both parent’s relationship with their children and will determine who receives legal or physical allocation based on the best interests of the child. It is a rarity that both sole legal and physical allocation will be awarded to one parent or guardian unless the other parent is deemed unfit.
A family law court may find a parent to be unfit to raise a child if there is:
- A history of drug or alcohol abuse
- Violent behavior, such as child abuse or domestic violence
- Child neglect
- Mental instability
- Other conditions that may jeopardize the well-being of the child.
In order to receive sole allocation, a parent must prove to a judge that it is in the best interests of the child. This will require filing a petition with a family law court to modify parental responsibilities and making a motion to have allocation granted to just one parent. A judge will likely require an evidentiary hearing to review all evidence and testimony that could impact a decision on the matter. Police reports, psychological evaluations, and witness testimony can all play a role in convincing a judge to grant one parent sole allocation.
Most arrangements that involve sole allocation of a child involve a combination of both legal and physical allocation. For example, the child may reside with the allocated parent; however, both parents may be responsible for making major decisions for that child.
It is highly discouraged by the court system that one parent seek sole allocation of a child due to extreme bitterness toward the other parent or other personal disagreements. A judge will only grant one parent sole allocation when it is in the best interests of the child. If there is a justifiable reason for one parent to seek full allocation, that reason may be presented to the court.
Sole allocation does not eliminate the possibility that one parent may receive parenting time with a child. Parenting time is often court-ordered to ensure a parent has can spend time with a child and foster a healthy parent-child relationship. Parenting time can be supervised or unsupervised, depending on the circumstances, and may be limited to a certain day of the week or number of hours every week. Typically, if one parent has sole physical allocation, the other parent will still be granted parenting time. Sole physical allocation may apply when one parent has the majority of time with a child, such as 60% of the days in a year. Parenting time can still be granted if one parent has sole physical and legal allocation.
Nottage and Ward, LLP, is an experienced, aggressive Chicago family law firm that keeps the well-being of our clients in mind at all times. Allocation battles, divorces, and other family law disputes are highly emotional for most couples, making a rational solution difficult to obtain without the help of a no-fuss attorney. With over 30 years of family law litigation experience, our lawyers have the resources and understanding of Illinois state law to protect the rights of our clients. We have extensive knowledge of child allocation proceedings and can help clients come to balanced, efficient agreements during a very difficult time. Call us today at (312) 332-2915 to talk about your 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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