How to Get Equal Shared Parenting in Illinois
By: Gordon & Perlut, LLC
If you are anticipating a divorce or a separation from your child’s other parent and you currently share minor children, you may be worried about how the court will allocate parental responsibilities or how the court will make decisions about child custody. Ultimately, you may be seeking equal shared parenting in Cook County so you can participate in making significant decisions about your child’s upbringing in addition to spending equal time with your child and providing caretaking functions.
While proposed legislation in Illinois has, in the recent past, moved for a presumption of equal shared parenting time, there is no current requirement that courts begin from a presumption that parents share custody 50/50. Instead, the court focuses on the best interests of the child standard in allocating parental responsibilities to the parents, including a parenting schedule.
However, just because there is no presumption of 50/50 or equal shared parenting time in Cook County, you can still obtain an allocation judgment or develop a parenting plan in which you share parenting equally with your ex. Our Chicago child custody lawyers want to discuss some of the ways in which you can get equal shared parenting in Cook County under the Illinois Marriage and Dissolution of Marriage Act (IMDMA).
Develop a Parenting Plan That Has Equal Shared Parenting
You can get equal shared parenting in Cook County if you work with the other parent to develop a parenting plan in which you have equal shared parenting time. The court can approve your parenting plan that involves equal shared parenting if you can show that the arrangement in the parenting plan is in the child’s best interest. With a parenting plan, the parents can work together to allocate parental responsibilities in a manner that is best for their family’s needs.
If you cannot develop a parenting plan with your ex because you cannot reach an agreement, you may be able to get equal shared parenting time if you can prove to the court that equal shared parenting is in the child’s best interest and should be allocated as such in the court’s allocation judgment.
Show That Equal Shared Parenting Time Is in the Child’s Best Interest
Instead of awarding child custody, under relatively recent changes to Illinois law, the court now allocates parental responsibilities in an allocation judgment — including both significant decision-making responsibilities and parenting time. If the court determines that equal shared parenting time is in the child’s best interests, it can allocate equal shared parenting in the allocation judgment.
Contact a Chicago Child Custody Attorney for Assistance In Your Equal Shared Parenting Plan
Whether you need assistance developing a parenting plan and demonstrating that the equal shared parenting terms are in the child’s best interest, or you need to show the court that equal shared parenting is in the child’s best interest and should be allocated accordingly, one of our dedicated Chicago child custody attorneys can assist you. We know how complicated and contentious child custody cases can be, but we will do everything we can to help you obtain equal shared parenting in your child custody case. Contact Gordon & Perlut, LLC today to speak with a Cook County family lawyer about the allocation of parental responsibilities.