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Kane County divorce lawyerAlthough it would be nice if all divorces were amicable, that is rarely the case. Even if a couple mutually decides to end their marriage, they may disagree on many of the marital issues that need to be resolved when divorcing. Some typical points of contention include dividing assets or property, determining spousal support, and creating a parenting time schedule. When children are involved, it can be hard for parents to reach common ground, especially for the allocation of parental responsibilities. Child custody disputes during the divorce process can cause both parents and children to feel anxiety and guilt. In some situations, it may be necessary to seek the professional opinions of subject matter experts in addition to a skilled divorce attorney to come to a resolution.   

How Can a Professional Evaluation Help?

When determining which parent will be awarded the majority of the parenting time, the court will consider what is in the best interest of the children when making any decisions. A judge may order one or both parents to undergo a mental health evaluation. This is often the case when one parent is worried that the other parent may pose a risk to their children due to a mental illness, substance abuse problem, or similar psychological issues. The judge then uses the findings to determine whether one parent is better equipped to care for the children. In certain cases, the results can affect parenting time rights. 

A psychologist or a licensed clinical social worker can conduct an evaluation using different personality tests and interviews. He or she then submits recommendations to help the court decide what would be best for the children’s emotional well-being. This third-party evaluation will address the developmental needs of the children and the capacity of each parent to meet those needs. He or she will consider several factors regarding the parents, including: 

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St. Charles family law attorneysParenting children under the same roof can be challenging in and of itself, but parenting them from separate homes almost always requires an even greater amount of effort. Yet, studies have consistently shown that children usually fare best in a divorce if they have the continued support of both parents. Illinois’ family laws encourage parents to work together in meeting the mental, emotional, and financial needs of their kids during and after their divorce. Most often, this goal is met through the drafting of a parenting plan, which contains two major components: the allocation of parental responsibilities (formerly known as child custody) and parenting time (previously referred to as visitation). 

Allocation of Parental Responsibilities 

Throughout the course of a normal day, parents make multiple decisions about their children’s lives and future. While most decisions are relatively minor and require no prior “clearance” or approval from the other parent, there are certain aspects of their kids’ well-being that are considered “protected.” Examples include choices regarding education and religion. Parents also have certain legal obligations to their children, such as ensuring that the children’s medical needs are met. These issues are covered under the allocation of parental responsibilities. 

Under the Illinois Marriage and Marriage Dissolution Act (IMDMA), the law seeks to ease the often difficult transition related to the division of parental rights and responsibilities, including the decision-making authority between the parents in addition to where the children will live. In handling these sections of their parenting plan, some divorcing parents may reach an agreement easily. However, they must also figure out how disagreements will be handled, should they arise in the future. 

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Kane County family law attorneyChild custody is usually an issue between the two parents of the child. However, there are some cases in which a grandparent is considered for custody of the child(ren). In Illinois, custody disputes that are taken into family court are settled based on what is in the child’s best interests. If the judge finds that neither parent is suitable to take custody of a minor, he or she can allocate parental responsibilities to the grandparents.

Cases of this nature sometimes can be found in single-parent households where the sole parent is shirking—or unable to fulfill—their responsibilities for whatever reason. Some divorce cases have also ended with grandparents stepping into the parental role. It all depends on the capability of the parents.

Factors that are taken into consideration when determining child placement include:

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