Protecting You And Your Children During Divorce
For a parent, the most common source of anxiety during divorce proceedings is what will happen to their children. This is especially true if a divorce is contentious. Will you receive the parenting time you deserve? Will your former spouse honor the terms of the parenting plan? What can you expect in the courtroom?
We know how stressful these questions can be, so we will do everything in our power to ease your mind. At McCarthy & Allen, our attorneys have decades of experience resolving issues of parenting time and child allocation, both in and out of the courtroom. We will listen attentively to your concerns and goals and then create a tailored legal strategy. When you work with us, you can expect clear, prompt communication every step of the way. Our clients throughout Madison County have valued that for years, and we believe you will, too.
The Elements Of Child Allocation
Commonly known as “child custody” in other states, child allocation in Illinois has two main components: who can make legal decisions on behalf of the child, and how often each parent sees the child.
The default position in Illinois is that both parents should share responsibility for making major decisions. This includes decisions about a child’s education, religious upbringing, health care and extracurricular activities. If one parent is not trustworthy to participate in these decisions for whatever reason, then the court can elect to award sole decision-making to the other parent.
- Parenting time
Similar to the decision-making discussion above, courts will typically award equal parenting time to each parent unless it is in the best interest of the child not to do so. This could be because of a history of unequal parenting or neglect, the difficulty in adjusting to a new living situation, medical reasons or a number of other topics.
In both areas, a judge will defer to what they believe is in the best interest of the child. As your legal counsel, our job is to take your wishes and evaluate them in light of the criteria that the court will use. This will allow us to build a case for an arrangement that is not only in the best interest of your child but in your best interest as well.
An Ally For You And Your Family
When facing something as important as parenting time and child allocation, you need a strong legal advocate at your side. Our lawyers have years of experience to draw from, and they will take good care of you and your family.
Please contact us to discuss your situation. You can reach out to our legal team by email or by phone: 618-307-4099.