Chicago LGBTQ Child Allocation Lawyers

Same-Sex Marriage and Allocation of Parental Responsibilities in Chicago

Allocation of parental responsibilities can be a stressful issue during a divorce. This is especially true for parents in same-sex marriages where child allocation law is a changing legal and judicial situation. Having a lawyer who specializes in allocation of parental responsibilities can help you prepare for the challenges ahead and create a less stressful transition for you and your children.

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What Is Allocation of Parental Responsibilities?

Allocation of parental responsibilities for same-sex parents shares similar considerations as for heterosexual parents. A judge will decide:

• If the parents get joint or sole decision-making
• Who gets primary physical allocation of the child

However, having the child primarily reside with one parent does not mean that parent has sole decision-making authority. Parents have the right to make important decisions for their child. There are four important areas where parents guide a child’s development: education, religion, extracurricular activities, and health. The right to make these decisions legally can be joint or sole in each area. A judge will determine both the allocation of decision-making relating to these significant decisions and a parenting time schedule. A child may primarily reside with one parent, but both parents may have an equal say in decision-making.

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How Does a Judge Allocate Parental Responsibilities?

There are many considerations a judge uses to decide parental responsibilities. Some considerations are the child’s bonds to his or her current home, school, and community; and the preferences of the children and parents, amongst several other factors. Judges are usually reluctant to move a child from schools and communities because this can interfere with the child’s well-being and adjustment to the divorce.

While these considerations are important, there are more essential factors in child allocation decisions. A judge will consider the physical and mental health of all individuals involved, the ability of the parents to cooperate, any occurrence of abuse, and any physical violence or threat of physical violence. The willingness of each parent to facilitate and support a continuing relationship with the other parent is also an important concern a judge must consider in determining the allocation of parenting responsibilities.

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The Parental Rights of Same-Sex Parents in Chicago

Same-sex parents bring children into a marriage through different ways: artificial insemination, surrogacy, and adoptions. It is necessary for non-birth parents to adopt their spouse’s biological children to be a legal second parent. Illinois state law allows individual, joint, and second-parent adoptions regardless of sexual orientation.

Ideally, a judge should decide same-sex allocation of parenting responsibilities based on a child’s status in the law as well as his or her relationship with both parents. If you are involved in a same-sex divorce and child allocation battle, seeking legal counsel can clarify the law, provide expert advocacy, and make the transitions in divorce less stressful. Contact a Chicago LGBTQ family law lawyer at Nottage and Ward, LLP, today at (312) 322-2915 for more information.

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