Chicago Child Allocation Attorneys
Are You in Need of a Child Allocation Attorney in Chicago?
The Chicago family law attorneys at Nottage and Ward, LLP represent parents who going through a divorce or separation, or facing a dispute over parenting time and parental responsibilities.
Illinois law no longer uses the term “custody.” Instead, the legal concept is known as the allocation of parental responsibilities. This includes issues related to decision-making and parenting time.
You may need a child allocation attorney if:
- You and your co-parent cannot agree on a parenting plan
- You’re facing allegations that could impact your parenting rights
- You’re concerned about your child’s safety during parenting time
- You’re relocating or your co-parent is planning to move
- You need to modify an existing parenting plan
When parents cannot agree on a parenting plan, formal negotiation during the settlement conference may be needed. At Nottage and Ward, LLP, our Chicago divorce lawyers are experienced negotiators who can help you and your spouse reach an accord even in a contentious case.
We can present and defend your needs and interests in negotiation with your spouse and your spouse's attorney. Litigating child allocation in court is a last resort, but we are prepared to guide you through the process if necessary.
Why Choose Us Over Other Child Allocation Attorneys?
Our attorneys Nottage and Ward, LLP take a strategic, informed approach, ensuring that every client receives smart legal counsel backed by decades of experience. We listen. We plan. We protect what matters most.
- Over 35 years of experience in family law, serving clients since 1988
- Listed in Martindale-Hubbell’s Bar Register of Preeminent Lawyers
- Known for providing sensitive and strong representation in complex family law matters
- Focused on serving high-net-worth professionals including doctors, attorneys, and business owners
- Recognized for delivering intelligent, practical solutions in matters involving divorce and the allocation of parental responsibilities
- Respected for inclusive representation, including same-sex couples navigating family law issues
A Parenting Plan That Works for Your Family
Whether you're establishing parenting time for the first time or seeking a modification, our Chicago child allocation attorneys are here to help you protect your relationship with your child.
Contact Nottage and Ward, LLP at (312) 332-2915 to learn more today.
Child Allocation Laws in Illinois?
Illinois has adopted an updated and child-focused legal framework for handling parental responsibilities. Under the Illinois Marriage and Dissolution of Marriage Act, custody has been replaced with two core concepts:
- Allocation of Significant Decision-Making Responsibilities: Includes decisions about education, healthcare, religion, and extracurricular activities.
- Parenting Time: Formerly known as "visitation," this refers to the time each parent spends with the child.
In many cases, parents are encouraged to collaborate and file a joint parenting plan. However, when that’s not possible, the court steps in to allocate responsibilities based on what serves the child’s best interests.
What Is a Parenting Plan
A parenting plan is a written agreement that outlines how you and your co-parent will share responsibilities after a separation or divorce. This plan must be filed with the court within 120 days of the petition for allocation being served.
Key components of a parenting plan include:
- A schedule for parenting time (including weekends, holidays, and school breaks)
- Allocation of decision-making responsibilities
- Transportation arrangements for the child
- Communication guidelines between parents and with the child
- Procedures for resolving disputes
How Courts Decide Allocation of Parental Responsibilities
When parents cannot agree on how to share decision-making authority or parenting time, the court steps in to allocate these responsibilities in a way that serves the best interests of the child. This legal standard is central to all parenting-related determinations in Illinois. Judges examine multiple factors to evaluate what arrangement will support the child’s overall well-being and long-term stability.
Key considerations include:
- The child’s developmental, emotional, and physical needs
- The mental and physical health of both parents and the child
- The child’s own preferences, depending on their age and maturity
- Each parent’s willingness and ability to support the child’s relationship with the other parent
- Any history of domestic violence, abuse, or neglect
- The practical logistics of parenting time, including the distance between households and the parents’ ability to coordinate schedules
In some cases, the court may appoint a guardian ad litem (GAL) or a child representative to independently investigate the circumstances and advocate for what is best for the child. These professionals conduct interviews, review records, and submit recommendations to the judge.
Restrictions on Parenting Time
In some situations, a parent who is not allocated significant decision-making responsibilities may also face restrictions on parenting time. Under Illinois law, the court may impose limitations when it determines that unrestricted time with that parent would seriously endanger the child’s physical, mental, emotional, or moral well-being. These restrictions are not imposed lightly; they are intended to protect the child while still honoring the importance of maintaining parent-child relationships when possible.
Restrictions can take various forms, including supervised parenting time, prohibiting overnight visits, requiring parenting classes, or placing limits on where visits can occur. Supervised parenting time, where a neutral third party is present during visits, may be ordered in cases involving allegations of:
- Domestic violence
- Substance abuse
- Mental health concerns
- Neglect.
What If You Need to Change Your Parenting Plan?
Life changes, and sometimes, parenting plans need to change, too. Illinois law allows for modification of a parenting plan when there has been a substantial change in circumstances or if it is in the best interest of the child.
Examples include:
- One parent moves or changes work schedules
- The child’s needs change due to age or health
- A parent consistently fails to comply with the plan
Modifications involving decision-making responsibilities cannot usually be made within two years of the initial order unless the child is in danger. But parenting time modifications can be reviewed sooner if justified.
Our firm assists clients in both filing and responding to petitions to modify parenting time or decision-making responsibilities, ensuring that any proposed changes serve the best interests of the child. Whether a parent is seeking more time due to a shift in work schedules, relocation, or concerns about the child’s safety, or defending against a modification they believe is unwarranted, we provide thoughtful, strategic representation.
Moving and Changes in Work Schedules
When one parent relocates or undergoes a significant change in work schedule, it can disrupt the existing parenting time arrangement and may require a formal modification through the court. In Illinois, any substantial change in circumstances, such as a move to a new city or a demanding new job, can justify revisiting the allocation of parenting time. Courts will not approve modifications automatically. The parent requesting the change must demonstrate that the adjustment is necessary and in the best interest of the child.
Illinois law requires a parent who is moving a significant distance to provide formal notice and, in some cases, obtain court approval. The court will evaluate how the move might affect the child’s routine, education, and relationship with the other parent.
Judges consider a variety of factors, including the reasons for the move, the feasibility of maintaining a strong relationship with the non-moving parent, and how the relocation will impact the child’s overall well-being. When a parent’s new work schedule interferes with the current parenting plan, the court will look for solutions that preserve consistency and stability in the child’s life.
Don't Let a Life Change Disrupt Your Role as a Parent
If you're relocating or adjusting to a new work schedule, your parenting time arrangement may need to evolve. Speak with a knowledgeable attorney at Nottage and Ward, LLP by calling (312) 332-2915.
Can Other Relatives Receive Visitation Time?
In Chicago, non-parents such as grandparents, great-grandparents, siblings, and stepparents may be granted court-ordered visitation under specific circumstances. Illinois law recognizes that while parents have a constitutional right to make decisions about who interacts with their children, there are situations where extended family members can petition for visitation if they can show that denial of contact would harm the child’s well-being.
What People Are Saying About Us
I cannot recommend this firm enough -Alissa R. (5-Star Yelp Review)
Jeff Knipmeyer handled my case with total professionalism and negotiated a great settlement, all within a quick time frame. I cannot recommend this firm enough for your family legal needs. It’s tough enough to have to go through a divorce, but if you are looking for an attorney who knows the law and is working in your best interests, you found it.
Jeffrey is truly a great advocate - Laura (5-Star Avvo Review)
Jeffrey is an awesome attorney! He was a very strong, thorough, tough advocate for me at a very difficult time in my life. Not only was Jeffrey terrific at handling the current issues in my case, he also helped me think about and plan for my future life after the case. Jeffrey is truly a great advocate.
Reaching a Satisfactory Child Allocation Arrangement in Chicago
Nottage and Ward, LLP, has focused solely on divorce law for over thirty years. Our Chicago family law lawyers have the experience to make sure that your rights and needs are addressed during your divorce. To discuss your situation with an experienced lawyer, schedule your initial consultation today by calling (312) 332-2915.
Child Custody FAQs
Q: Can a child choose which parent to live with?
No. However, children can provide statements and preferences that weigh heavily on the outcome. A child's age and reasoning will be taken into account – the more mature the child and his or her requests, the greater the significance a presiding judge will place upon his or her testimony.
Q: Once allocation has been determined, what if the child wishes to live with the other parent?
Desire to live with the other parent doesn't necessarily mean it will occur. In order for the child to be handed over to the other parent, proof must be given that the child's welfare and overall condition has either deteriorated significantly, is in the process of deteriorating, or has the potential to degrade as a direct result of the parent's situation, behavior, etc.
Q: How often are siblings split up?
Splitting up siblings is a rare move and hardly ever seen in Illinois state courts. In order to do so, both parents and their representatives must make a case as to why this must occur – courts will generally never take such action unless there is a dramatic need present. Even with a substantial argument, it is considered an unwise ruling and not in the best interests of the children.
Q: Can a parent move a child out of state?
Yes, a parent who has been allocated a majority of parenting time or who has been allocated equal parenting time may seek to relocate with a child, but only with a court order or consent of the other parent. Under Illinois law, “relocation” is defined as a change of residence from the child’s current primary residence in Cook, DuPage, Kane, Lake, McHenry, or Will County to a new residence within Illinois that is more than 25 miles from the current residence; a change of residence from the current primary residence located in a county other than Cook, DuPage, Kane, Lake, McHenry, or Will to a new residence within Illinois that is more than 50 miles from the child’s current primary residence; or a change of residence from the current primary residence to a residence outside of Illinois that is more than 25 miles from the current primary residence.
In determining whether or not to allow a parent to relocate the child, the court considers the following factors:
- The circumstances and reasons for the intended relocation;
- The reasons, if any, why the other parent is objecting to the intended relocation;
- The history and quality of each parent’s relationship to the child and whether the parent has exercised the parental responsibilities allocated to him or her;
- The educational opportunities for the child at the current and proposed new locations;
- Family members who are present or absent from each location;
- The anticipated impact of the move;
- Whether the court can create a reasonable allocation of parental responsibilities;
- The wishes of the child;
- Minimization of impairment to the parent-child relationship caused by the relocation
If the allocated parent wishes to move out of state, a Petition for Removal must be filed with the court. The non-allocated parent may oppose the move.
Q: What about vacations? Can a parent take a child out of Illinois?
Yes, provided notice has been given to the other parent and his or her attorney on the location to which the parent and child will be traveling and when they will return.
Meet Our Attorneys
Jeffrey Knipmeyer
Jeffrey Knipmeyer is the managing partner at Nottage and Ward, LLP, where he has built a respected reputation for guiding clients through high-stakes family law matters with intelligence, discretion, and strategic precision. With over two decades of legal experience, Jeff focuses on complex divorce, the allocation of parental responsibilities, and issues affecting same-sex couples and non-traditional families. He is known for his thoughtful and pragmatic approach, helping clients resolve disputes efficiently while fiercely protecting their rights and long-term interests.
Jeffrey Knipmeyer has been licensed to practice law in Illinois since 1996.
Leslie Fineberg
Leslie Fineberg is a dedicated family law attorney and partner at Nottage and Ward, LLP. With over 30 years of experience, she focuses her practice on complex divorce matters, including the allocation of parental responsibilities, maintenance, and high-conflict disputes involving professionals and business owners.
Known for her balanced approach, Leslie combines sensitivity with strategic advocacy, helping clients navigate emotionally charged family transitions with clarity and confidence. She is especially committed to serving clients in non-traditional and same-sex family structures.
Leslie Fineberg was admitted to the Illinois Bar in 1991.
Additional Information
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Client Reviews
5 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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