Courts review various factors, including the child’s relationship with each parent, the child’s needs, the distance between parents, and any history of abuse or neglect.
Decision Making & Parenting Time
Chicago Parenting Time Attorneys
When your family is changing, few worries weigh more heavily than the future of your children. Where will they live? How often will you see them? Who decides on school, healthcare, and daily life? As a team of Chicago parenting time attorneys, Hammer Serna & Quinn, LLC, helps parents answer these questions with clarity and compassion.
You may still hear the word “custody,” and many parents search for it online. Illinois law no longer uses that term. Instead, courts use “allocation of parental responsibility,” which covers two parts: decision-making and parenting time. We use the familiar word here so you can find us, but the rest of this page reflects how Illinois courts actually handle these matters.
Reliable Advocacy From a Chicago Parenting Time Attorney
Hammer Serna & Quinn, LLC is a family law firm that focuses on divorce and family law, helping parents protect their rights and their children’s futures during difficult transitions.
We know these cases are personal. Behind every parenting schedule is a child you love and a future you want to secure. Our attorneys provide legal strategy along with genuine support, so you never feel alone. Whether your case can be settled through agreement or requires firm advocacy in court, our team will stand beside you.
Who We Help
Every family’s situation is different, and so are your legal options. Our team assists parents in a wide range of circumstances, including:
- Divorcing parents who are worried about where their children will live, how often they will see them, and who gets to make major decisions.
- Unmarried parents who need a formal order for paternity, parenting time, decision-making, and child support.
- Parents who are facing a violated or outdated plan, where one parent is not following the current parenting plan, or the schedule no longer works because something has changed.
- Parents dealing with relocation or distance, where one parent wants to move, or the parents already live far apart, and the current schedule no longer fits school, travel, or exchanges.
- Parents in high-conflict disputes who cannot agree on parenting time, school choice, healthcare, safety concerns, or what arrangement is best for the child.
If your situation does not fit neatly into one of these categories, reach out anyway. We are happy to listen and explain your options.
How the Allocation of Parental Responsibility Process Works in Illinois
Illinois divides parental responsibility into two parts, and understanding both helps you know what is at stake.
Decision-making: the authority to make major choices about your child’s education, healthcare, religion, and extracurricular activities.
Parenting time: the schedule that determines when your child is in each parent’s care.
Here are the basic steps most parents can expect:
1. Filing the Case
The process starts with a petition, potentially during a divorce, a paternity case for unmarried parents, or a request to modify an existing parenting time order. The petition clearly states what you are asking for, whether it be for a modification or for allocation of parental rights.
2. Establishing Paternity (When Needed)
For unmarried parents, the court must first confirm legal parentage before creating a parenting plan. Establishing paternity can help the court make decisions pertaining to parenting time, decision-making, and child support rights for both parents.
3. Creating a Parenting Plan
Each parent has the opportunity to propose a parenting plan. This document outlines the schedule, decision-making roles, holiday arrangements, transportation, and how parents will resolve potential disagreements. If both parents are in agreement, they can submit a joint custody plan for the court’s approval.
4. Mediation
If parents cannot reach an agreement, courts often require mediation. A mediator will help you work toward a solution that ultimately puts your child’s needs first. Several cases resolve at this stage, saving money, stress, and time.
5. The Best Interests Standard
If parents still cannot agree, a judge will decide what’s best for the child. The court applies one guiding principle: the best interests of the child. Judges consider each parent’s relationship with the child, the child’s needs, the stability of each home, any history of safety concerns, and the child’s wishes based on age and maturity. From there, the judge will make a decision.
6. Entering the Allocation Judgment
Once the parenting plan is approved, the court enters an allocation judgment. This order is legally binding and defines parenting time and decision-making going forward.
7. Modifications
Life changes. When a job, move, or shift in your child’s needs makes the current court order impractical, you can ask the court to change it. You will generally need to show a meaningful change in circumstances since the last order.
Why Choose Us
Choosing the right Chicago parenting time attorney shapes both your experience and your outcome. Parents partner with us for several reasons.
- Family law focus. Our work centers on divorce and family matters, so we understand the nuances of Illinois parenting cases.
- A child-centered approach. We help you find solutions that protect your child’s stability and happiness.
- Clear communication. We explain the law in plain language, answer your questions, and keep you informed at every stage.
- Strategic and steady. We pursue agreements through negotiation and mediation when possible, and we advocate firmly in court when your case demands it.
- A downtown Chicago home base. Our office at 77 W. Wacker Drive offers convenient access for families across the Chicago area.
Our process starts by listening. We learn your goals and your concerns, review the details of your case, and build a plan tailored to your family. From there, we guide you through each step with honest advice and steady support.
Speak With Our Attorneys Today
You do not have to face these challenges alone. Clear guidance can turn worry into a clear path forward, protecting both your parental rights and your child’s future. Hammer Serna & Quinn, LLC, is ready to represent you. Contact our team or visit our office and let our Chicago parenting time attorney help you protect what matters most: your children.
FAQs About Decision Making & Parenting Time in Illinois
Can one parent get sole decision-making responsibilities?
Yes, a court may grant one parent sole decision-making authority if it determines that joint decision-making would negatively impact the child’s well-being.
What if parents can’t agree on a parenting plan?
When parents cannot reach an agreement, the court will develop a parenting plan focused on the child’s best interests, carefully considering all relevant evidence.
Can parenting time be denied in Illinois?
Parenting time may be restricted or denied if the court determines that allowing it would seriously endanger the child’s physical, mental, or emotional health.
Can a parenting plan be modified in Illinois?
A parenting plan can be modified if there is a significant change in circumstances and the modification is in the child’s best interests.
What should be included in an Illinois parenting plan?
A parenting plan should detail parenting time schedules, holiday arrangements, transportation responsibilities, and how decisions about the child will be made.
What are the consequences if a parent violates a parenting plan?
Violations of a parenting plan can result in legal consequences, including fines, modification of the plan, or changes to parenting time.
Can a child decide which parent they want to live with in Illinois?
While a child’s preference can be considered, it is just one of many factors the court evaluates when determining parenting time and decision-making.
How does relocation affect parenting time and decision-making in Illinois?
If a parent wishes to relocate with the child, they must seek court approval. The court will assess whether the move supports the child’s best interests.
Get In Touch
Call or email Hammer Serna & Quinn, LLC today to schedule a consultation.
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