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Illinois Family Law Attorneys

McHenry County child custody lawyer

Serving McHenry County and Northern Illinois

For many parents going through a divorce or being involved in a paternity dispute, child parenting time and parental decision making are the most important issues to resolve. Decisions made about these matters will greatly affect the amount of time you have to spend with your child, how much decision-making power you have over your child's upbringing, and how child support is awarded. At the law firm of Botto Gilbert Lancaster, PC, we understand how important parenting issues are to our clients. We will fight for our clients' parenting rights both in and out of court to ensure a reasonable and beneficial result for our client and their children.

Allocation of Parenting Time and Parental Responsibilities In Illinois

If both parents cannot successfully negotiate a parenting agreement, the court will decide who will receive majority parenting time of the child. In Illinois, the child's best interest is the standard the court uses to determine parenting time arrangements. It is generally presumed that the best interest of the child is to have both parents involved in the child's upbringing, but this presumption can be challenged in court.

The parents' roles and responsibilities are defined in two ways:

  • Parenting Time: Majority Parenting Time is granted to the parent with whom the child resides a majority of the time, and the other parent will have parenting time during the remaining time when the child is not with the majority parent.
  • Parental Decision Making: Decision-making authority, including medical care, education, religion and sports/extra-curricular activities need to either be agreed upon or determined by the court under the Best Interest statute.

Parenting Time Laws

When one parent is awarded the majority parenting time of the child, Illinois law grants the other parent the right to "reasonable" parenting time. The court determines what is "reasonable" depending on the child's age and other circumstances. The court can also restrict the parenting time of a parent if such time endangers a child in any way. Our attorneys are experienced in representing majority and non-majority parents in parenting time disputes. We fight to protect our client's legal rights and the best interests of the child.

If you are involved in a divorce or paternity dispute that involves child parenting time issues or decision making, contact us to schedule a free consultation to discuss your matter. We offer convenient hours at our Crystal Lake office. Our firm works with clients throughout McHenry County and the northern Chicagoland area.

Illinois State Bar Association State Bar of Wisconsin Crystal Lake Chamber of Commerce Illinois Trial Lawyers Association McHenry County Bar Association
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