Clients will often ask how they can get “full custody” in Illinois. However, what they are really referring to is the Allocation of Parental Responsibilities. Learn more about what “full custody” means HERE.
If you are filing for Allocation – similar to child support – the first thing you have to establish is parentage.
Parentage can be established through a DNA test or the signing of a Voluntary Acknowledgment of Paternity (“VAP”).
PARENTING TIME FACTORS
In Illinois, 750 ILCS 5/602.7 governs the allocation of parenting time. This law delineates specific factors that the Court must consider. The allocation of parenting time must be in the best interest of the minor child.
There are seventeen factors for parenting time. Some examples include:
- The wishes of each parent seeking parenting time;
- The child's needs;
- The willingness and ability of each parent to place the needs of the child above his or her own needs. (750 ILCS 5/602.7)
Also, Judge can consider any other factor they perceive to be relevant, when allocating parenting time.
DECISION MAKING FACTORS
In Illinois, 750 ILCS 5/602.5 governs the allocation of decision-making. This law delineates specific factors that the Court must consider. The allocation of decision-making must also be in the best interest of the minor child.
There are fifteen factors for decision-making. Some examples include:
- The level of each parent's participation in past significant decision-making with respect to the child;
- Any prior agreement or course of conduct between the parents relating to decision-making with respect to the child;
- The wishes of the parents. (750 ILCS 5/602.5)
Decision-making may vary between issues. For example, parties may jointly make decisions as it relates to health, but one party makes decisions as it relates to religion for the minor child.
Again, the Judge can also consider any factor that they perceive to be relevant, when allocating “full custody” in Illinois.
An attorney can analyze your case and clearly article the circumstances to the Court within the boundaries of the law.
Get Your Voice Heard today and contact The Diggs Law Firm: 312-380-1070.