Common Concerns About The Allocation Of Parental Rights And Responsibilities
We have compiled the most frequently asked questions about the allocation of parental rights and responsibilities here, along with general answers. Remember, every case is different — it is best to discuss your case with an experienced attorney. At Denis M. Gravel & Associates P.C., we believe there are no problems when it comes to custody, only solutions.
How can I get sole decision-making (sole custody)?
Sole decision-making refers to one parent making the decisions in the areas of education, religion, major medical, and extra curricular activities. The court will look at a number of factors when determining if a parent should be allocated sole decision making. These factors include but are not limited to the parents level of involvement in the children’s life, the level of cooperation between the two parents, and whether the parents have significant disagreements in these four major areas. When parents disagree on decision making, the courts may appoint a guardian at litem or order a full evaluation with a professional who will evaluate the situation and make a recommendation.
Who gets the kids on holidays?
In short, it depends. The court or the parents will create a parenting plan where issues like holidays are determined with the children’s best interests in mind. A common solution is to split holidays throughout the year and then alternate annually.
Do my children get to decide where they live?
No. However, an older child’s preference is given more weight over that of a younger child. A judge can overrule a parent’s decision if they determine it is not in the child’s best interest.
Do grandparents have visitation rights?
In Illinois, courts assume that a parent’s decision regarding time their children spend with grandparents is in the child’s best interest. In some cases, grandparents can file a petition for parenting time if they believe that the decision is unreasonable, but the burden is on the grandparent to prove time with a grandparent is in the child’s best interest. We can assist you in navigating these issues.
The courts require grandparents to show a need for parenting time, which comes from a specific list of requirements. Some reasons may be that a parent has been deceased or missing for three months, or is incarcerated.
What is Allocation of Parental Responsibility in Illinois?
In Illinois, the Allocation of Parental Responsibilities is the legal process determining which parent will have decision-making authority and parenting time with their child. The court will consider various factors when making this determination, including the child’s age, health, and relationship with each parent. The court may also consider any history of abuse or neglect. Ultimately, the goal is to make a decision that is in the child’s best interests.
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