Who Makes Important Decisions About Our Child's Upbringing After a Divorce?

 Posted on July 25, 2023 in Family Law

Issues concerning children during a divorce can be highly contentious. Generally, both parents want to spend as much time with their child as possible. The time a child spends with each parent is referred to as “parenting time” in Illinois. There is another type of custody as well. Formerly called “legal custody,” the allocation of parental responsibilities refers to a process in which the responsibility of making important decisions about a child’s upbringing is allocated. This may be done by mutual agreement of the parents, or it may be determined by a judge if the parents cannot reach a reasonable agreement. In the majority of cases, both parents will share some decision-making responsibility. However, there are cases where one parent is solely or primarily responsible for making decisions on behalf of the child. 

What Decisions Can a Parent Who Has Been Allocated Responsibilities Make?

Even after a divorce, there may be times parents need to share decision-making responsibility. Allocating certain responsibilities to a certain parent can provide the child with consistent parenting between households. The types of decisions that can be made by a parent who has been allocated responsibility for making them can include: 

• Schooling - The parent who is allocated responsibility for making decisions about the child’s education may determine which school the child should attend or how they should be otherwise educated. Parents often disagree on how their child should be educated. One parent may want the child to attend a religious school while the other prefers secular homeschooling, for example. 

• Religion - When the parents are of different religions, it can be confusing for a child to be raised in two different belief systems. The parent allocated responsibility for making choices about the child’s religious upbringing can decide which religion the child should be taught and whether they should attend religious services. It can be difficult for parents who do not share a belief system to make an agreement regarding this. 

• Healthcare - When medical decisions need to be made regarding the child, the parent allocated that responsibility has the right to make those decisions. This includes making decisions about the child’s mental health care. If one parent is resistant to providing the child with counseling or psychological services, this issue may bring about significant conflict. 

In many cases, both parents will share some decision-making responsibility. While these responsibilities may be allocated between the parents by mutual agreement, they are often contested in court when there is significant disagreement. 

Contact a Schaumburg Allocation of Parental Responsibilities Lawyer

A. Traub & Associates is committed to helping parents maintain the best possible relationship and connection with their child after a divorce. Our caring team of Schaumburg attorneys for the allocation of parental responsibilities will do all we can to reach a positive result in your case. For an initial consultation, contact us at 630-426-0196. 

Source:

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2086&ChapterID=59&SeqStart=8300000&SeqEnd=10000000