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Allocation of Parental Responsibilities: Parenting Time and Decision Making

Experienced attorneys are ready to answer your questions.

Allocation of Parental Responsibilities: Parenting Time and Decision Making

The Law Offices of David R. Del Re, P.C. can provide you with comprehensive legal experience and knowledge in the areas of family law, civil law and criminal law, including the following:

What is a Guardian ad Litem? Will one be appointed in my case?

A Guardian ad Litem is a lawyer/witness appointed by the court to be the “eyes and ears” of the court to look out for the best interest of the child/children in a divorce or parentage case and to make recommendations to the court regarding allocation of parental responsibility and parenting time. If you have attended mediation or bypassed the mediation step and you still have no agreement with your spouse regarding allocation of parental responsibility or parenting time, a Guardian ad Litem is likely to be appointed.

Can I modify the parenting time schedule ordered by the court?

Yes, a party can always seek to modify court ordered parenting time. Section 610.5 of the Illinois Marriage and Dissolution of Marriage Act sets forth the criteria needed for a modification of parenting time to be granted. Consult with one of our attorneys to determine if a petition for modification of parenting time can be filed in your case.

What is the difference between a Guardian ad Litem and a Child Representative?

Generally, when a lawyer is appointed to represent a child’s interests in a divorce or parentage case, it is either in the capacity of a Guardian ad Litem or as a Child Representative. A Guardian ad Litem is the court’s witness, he or she prepares a written report, and he or she can be called to testify at the final trial or hearing. In contrast, a Child Representative acts more like an attorney for the child and advocates for what it in the child’s best interest but is not bound by the child’s wishes. These are just some of the basics, but the differences in roles can be nuanced and complex. You should speak to
an attorney at our firm for a more in-depth overview.

Do I still need to attend the Parenting Class if my spouse and I have an agreement on the allocation of parenting time and decision making for our children?

Generally, yes. Whenever a new divorce or family case is filed and the parties have minor children they are required to take a parenting class. Contact our office to speak to one of our attorneys and learn more about the parenting class requirements.

Is it possible to move out of the State of Illinois with my children if I am the primary parent?

There are provisions in the Illinois Marriage and Dissolution of Marriage Act that set forth requirements for a parent to relocate out of state with minor children. Contact one of our attorneys to discuss how these factors apply to you and your situation.

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