Chicago Joint Allocation Lawyers

Are You in Need of a Chicago Joint Allocation Divorce Lawyer?

Even under the best circumstances, deciding how to divide time, authority, and decision-making for your children can be incredibly stressful. In Illinois, the legal system has replaced the term child custody with allocation of parental responsibilities, reflecting a broader and more collaborative approach to parenting after separation.

If you and your co-parent cannot agree on a joint allocation arrangement, or if you’re concerned your rights are being overlooked, the Chicago family law attorneys at Nottage and Ward, LLP are here to provide strong legal representation to assert your parental rights and protect the well-being of your child.

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Why Choose Us Over Other Chicago Joint Allocation Lawyers?

When you work with Nottage and Ward, LLP, you’re choosing seasoned advocates who bring a wealth of knowledge and experience to the table. Here’s why our firm stands apart:

• Over 35 years exclusively focused on Illinois family law – bringing unmatched insight into the state’s evolving legal landscape.
• Listed in the Martindale-Hubbell Bar Register of Pre-eminent Lawyers – a recognition reserved for firms with the highest standards of excellence.
• Known for resolving complex parenting issues for professionals, doctors, business owners, and same-sex couples – with discretion, precision, and care.
• Provide both strength and sensitivity in high-conflict and high-asset situations – ensuring clients are protected without escalating unnecessary disputes.
• Our attorneys prioritize your child's well-being while protecting your legal interests – crafting parenting plans that support long-term family stability.

Is Your Parenting Time Is at Risk?

Call (312) 332-2915 to speak with a Chicago joint allocation attorney today.

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What Is Joint Allocation?

In Illinois, joint allocation refers to the shared responsibilities of parenting after a separation or divorce. This does not necessarily mean equal parenting time or decision-making power, but rather that both parents may have roles in determining major aspects of a child’s life, including:

• Education
• Healthcare
• Religion
• Extracurricular activities

Parents can agree to divide these responsibilities jointly or assign specific duties to one parent, depending on what’s in the child’s best interest. Joint allocation does not require a 50/50 split of time or authority; it simply means both parents are expected to contribute meaningfully to their child's life.

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How Is Joint Allocation Decided in Illinois?

Under the Illinois Marriage and Dissolution of Marriage Act (IMDMA), courts begin with the presumption that both parents should be involved in making major decisions for their children, unless there is evidence to suggest otherwise.

When parents cannot agree, the court will step in to assign parental responsibilities and parenting time based on what serves the best interest of the child. To make these decisions, judges will evaluate:

• The child’s needs
• Each parent’s ability to cooperate and make joint decisions
• The child’s relationship with each parent
• Past involvement in caregiving
• Any history of abuse or neglect

In some cases, the court may appoint a guardian ad litem (GAL) to represent the child's interests during litigation.

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How an Attorney Can Help

We bring clarity to a confusing process and help you remain focused on your child’s future. Even in cooperative co-parenting relationships, legal representation ensures your rights and your child’s needs are protected. At Nottage and Ward, LLP, we help with:

• Drafting and reviewing parenting plans
• Representing you in negotiations or mediation
• Litigating high-conflict parenting disputes
• Securing fair parenting time arrangements
• Pursuing or contesting modifications
• Addressing emergency matters or relocation issues

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What Are the Mother’s Rights?

Illinois law does not automatically favor mothers or fathers in joint allocation matters. Instead, both parents start on equal footing. However, a mother may be allocated more parenting time or authority if the court finds that this better supports the child’s well-being.

Unmarried mothers automatically have sole parental responsibilities at birth unless paternity is established. Once legal paternity is confirmed through a Voluntary Acknowledgment of Paternity (VAP) or a court order, the father may seek allocation of parenting time and responsibilities.

If you are a mother seeking to preserve your role in your child’s life or a father seeking equitable participation, our attorneys can help present a clear case that supports your parental goals.

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Parental Responsibilities

Every case involving minor children requires a parenting plan that addresses how responsibilities are divided. This includes:

• Decision-making authority for education, healthcare, religion, and extracurriculars
• A detailed parenting time schedule
• A plan for resolving disputes (e.g., mediation or court intervention)
• Provisions for electronic communication between parent and child

This plan must be filed within 120 days of the allocation case being filed. If the parties cannot agree, each must submit a proposed parenting plan, and the court will decide.

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Parenting Time

The term “visitation” is no longer used in Illinois law. Instead, the law recognizes parenting time, which reflects the reality that both parents play important roles in their children’s daily lives.

Parenting time may be shared equally or allocated in a way that suits the child’s routine, school schedule, and emotional needs. If one parent is awarded the majority of parenting time, they become the allocated parent, but the other parent is still entitled to significant, meaningful time unless the court finds this would place the child at risk.

Our attorneys can work with you to develop a parenting time schedule that supports stability for your child while honoring your role as a parent.

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Child Support

Child support in Illinois is calculated based on an income shares model, which considers both parents’ incomes and the number of overnights each parent has.

Support covers the child’s basic needs, but additional costs such as health insurance, extracurriculars, daycare, and school expenses may be divided as part of the parenting plan or court order.

It’s important to remember that parenting time and child support are separate legal issues. You cannot withhold parenting time because support hasn’t been paid, and vice versa.

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Division of Marital Property

While not directly related to joint allocation, the division of marital property can affect a parent’s ability to provide a stable environment. Illinois follows equitable distribution rules, meaning property is divided fairly, but not necessarily equally.

Our attorneys work with financial professionals to ensure an accurate accounting of:

• Business valuations
• Retirement assets
• Real estate
• Investment accounts
• Hidden or undervalued assets

This is especially important for high-income couples where property division impacts the ability to maintain suitable housing or contribute to extracurricular activities.

Securing Your Parenting Rights

Call (312) 332-2915 to learn more today.

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The Best Interest of the Child Standard in Illinois

All decisions around allocation of parental responsibilities must meet the best interest of the child standard, as defined under 750 ILCS 5/602.5. Courts are required to consider several factors when making allocation decisions, including:

• The child’s wishes (depending on age and maturity)
• The mental and physical health of all parties
• The child’s adjustment to their home, school, and community
• Each parent’s willingness to facilitate a close relationship between the child and the other parent
• History of violence or abuse
• Any threat to the child’s safety or stability

Whether you’re pursuing shared responsibilities or primary parenting time, your legal strategy should directly reflect these factors, and our legal team can help present your case accordingly.

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What Are Sole Parental Allocation Rights?

If parents are unmarried and paternity is not established, the mother has sole parental rights by default. The father has no legal rights to parenting time or decision-making until paternity is legally recognized.

Once paternity is established, either through the court or a signed Voluntary Acknowledgment of Paternity, the father can petition for joint allocation and parenting time.

Whether you're a father seeking rights or a mother protecting your child’s best interests, our firm is experienced in representing both sides in emotionally sensitive and high-stakes parenting cases.

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Emergency Orders of Protection

In situations involving domestic violence or threats to the child’s safety, a parent may request an Emergency Order of Protection (EOP). An EOP can:

• Temporarily limit or deny parenting time to the abusive party
• Prohibit contact between the child and the other parent
• Remove a parent from the shared home

These orders can be issued ex parte (without the other parent present), but they are short-term. A hearing is scheduled within 14-21 days to determine whether to extend the protections.

If you need urgent protection or have been wrongly accused, contact us immediately. Fast action is essential in emergency situations.

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Why You Should See a Chicago Parental Allocation Lawyer Right Away

Delays can lead to temporary arrangements that later become permanent. If you're separating or facing a co-parenting dispute, speaking with an attorney early helps:

• Preserve your relationship with your child
• Ensure your parenting plan reflects your values and priorities
• Avoid costly mistakes during negotiations
• Gather documentation and witnesses in a timely manner
• Address financial matters that may impact parenting time or relocation

Every moment counts when your child’s future is at stake. Don’t wait until emotions spiral or court orders are entered without your input.

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What Clients Are Saying About Us

She has continuously looked out for my best interests-Anonymous (5-Star Avvo Review)

Leslie has been the strongest representation I could ask for in a very complicated emotional matter. She has continuously looked out for my best interests & the best interest of my son. Always prompt in getting back to me & keeping me well informed.

I am thankful that I had Jeffrey on my side- Lonnie (5-Star Avvo Review)

Terrific, aggressive attorney. Jeffrey is a force in the courtroom. Period. If you want an attorney who will aggressively and successfully advocate for you, then this is the attorney for you. I am thankful that I had Jeffrey on my side and not against me.

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Speak With a Trusted Chicago Joint Allocation Lawyer Today

At Nottage and Ward, LLP, we understand that no two families are alike, and neither are your legal needs. Whether you're going through a divorce, seeking to modify parenting time, or establishing rights as an unmarried parent, we offer tailored guidance backed by more than three decades of experience.

Call us today at (312) 332-2915 to find out how we can help.

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Joint Allocation FAQs

What is the difference between custody and allocation of parental responsibilities in Illinois?

Illinois no longer uses the term “custody.” Instead, the law refers to the “allocation of parental responsibilities,” which includes both decision-making authority and parenting time. This change reflects a more collaborative and child-focused approach.

Does joint allocation mean 50/50 parenting time?

Not necessarily. Joint allocation refers to shared decision-making authority regarding major issues such as education and healthcare. Parenting time (formerly called visitation) is a separate matter and may or may not be split equally, depending on what is best for the child.

How do courts decide who gets what responsibilities in a parenting plan?

Courts look at a variety of factors, including each parent’s role in caregiving, ability to cooperate, the child’s needs, and any history of conflict or abuse. The overarching goal is to serve the child’s best interest.

What if my co-parent and I can’t agree on a parenting plan?

If parents cannot agree, each party submits a proposed parenting plan. The court will then review both and issue a decision based on what best supports the child’s well-being, often with input from a guardian ad litem or evaluator if needed.

Can I modify an existing joint allocation order?

Yes. If there has been a substantial change in circumstances such as relocation, job change, or concerns about a child’s welfare, you may petition the court to modify parental responsibilities or parenting time.

What rights do unmarried fathers have in joint allocation matters?

Unmarried fathers must first establish legal paternity before seeking allocation of parental responsibilities or parenting time. Once paternity is established, fathers can pursue the same parental rights as married or divorced parents.

What happens if one parent refuses to follow the parenting plan?

If a parent violates the parenting plan, the other parent can file a motion with the court. The court may impose penalties or modify the parenting arrangement to ensure compliance and protect the child’s best interest.

How does joint allocation work in high-conflict situations?

In high-conflict cases, the court may assign decision-making to one parent or require dispute resolution methods such as parenting coordinators or mediation. Safety and stability are the top priorities when conflict is present.

What role does the child’s opinion play in allocation decisions?

A child’s preferences may be considered, especially if the child is mature enough to express reasoned opinions. However, the court weighs the child’s wishes alongside many other factors to determine what is truly in their best interest.

Do I need a lawyer if we already agree on joint allocation?

Even in amicable situations, having a lawyer ensures that your parenting plan complies with Illinois law and protects your rights. Legal guidance can also help prevent future disputes and address issues you may not have considered.

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Meet Our Chicago Divorce Lawyers

Leslie Fineberg

Leslie Fineberg is a highly-respected family law attorney and partner at Nottage and Ward, LLP, where she has built a respected practice centered on intelligent advocacy and thoughtful resolution of complex family matters. With over two decades of experience, Leslie concentrates on high-stakes cases involving the allocation of parental responsibilities, parenting time, maintenance, and the division of substantial marital estates.

Known for her steady and strategic approach, Leslie represents clients with sensitivity and strength, whether they are navigating a difficult divorce, negotiating parenting plans, or protecting their financial interests. She is particularly skilled in representing professionals, high-net-worth individuals, and same-sex couples facing nuanced family law issues.

Leslie received her law degree from DePaul University College of Law and has devoted her entire career to family law in Illinois. She is deeply familiar with the intricacies of the Illinois Marriage and Dissolution of Marriage Act and takes pride in crafting legal strategies that reflect both the law and her clients' long-term goals.

Jeffrey Knipmeyer

With more than 25 years of experience practicing family law in Illinois, Jeffrey Knipmeyer brings deep legal knowledge and a practical, solution-oriented approach to every case. As a partner at Nottage and Ward, LLP, he focuses exclusively on complex family law matters, including the allocation of parental responsibilities, parenting time disputes, maintenance, and the division of marital property.

Jeffrey is known for his ability to manage high-conflict cases with clarity and focus, helping clients navigate emotionally charged legal challenges with confidence. He combines technical skill with strong courtroom presence and is committed to protecting his clients’ rights while minimizing unnecessary litigation whenever possible.

Jeffrey earned his J.D. from the DePaul University College of Law and has practiced law in Chicago for his entire career. He is dedicated to staying at the forefront of Illinois family law developments and brings that insight to every case he handles.

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Additional Information

• 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?
• What Matters Most in an Illinois Child Custody Case?