Custody and Visitation / Parenting Plans
  • Free Consultation
  • 847-742-0420
  • 40 N. Airlite Street, Suite 3, Elgin, IL 60123

Elgin, IL Child Custody and Visitation Attorneys

elgin illinois custody attorney

Assisting Kane County Clients with Allocation of Parental Responsibilities, Parenting Time, and Parenting Plans

Child custody and visitation rights have always been complex issues in divorce and paternity matters. In the past, parents fought over joint versus sole custody and the rights that came with those classifications. As of January 1, 2016, however, Illinois has reframed how these matters are viewed by the law. Child custody has been replaced by the term allocation of parental responsibilities, and the concept of visitation has been replaced with parenting time. At Canning Law Offices, we are well-versed in the changes to the law. For over 30 years we have provided strong advocacy for our clients in child-related matters.

Allocation of Parental Responsibilities in Illinois

Under the current law, divorcing parents and parents involved in paternity cases will be allocated specific parental responsibilities rather than awarded joint or sole custody. There are four types of responsibilities that parents will be required to consider:

  • Education
  • Health
  • Religion
  • Extracurricular Activities

Parents are also now required to submit a parenting plan to the court for approval. If both parents do not agree, they may each individually submit a parenting plan, and the court will decide the matter. Depending on the situation, the responsibilities can be allocated solely to one parent, or they can be split up between the parents. The court uses the best interests of the child as the primary factor in making its decision. For the purpose of determining child support, school district, and other matters, one parent will still be designated as the residential parent.

The changes in the child custody laws were made to try and alleviate some of the bitterness that can be part of these disputes, but there is still likely to be some disagreement in the process. We understand the importance of reaching an amicable agreement in cases involving co-parenting, and we work hard to negotiate and facilitate those agreements.

Parenting Time Instead of Visitation

Illinois laws in the past gave non-custodial parents visitation rights to their children. Currently, parents who are not the residential parent are entitled to parenting time with their children. The new law recognizes that parents who do not live in the home with their child still have important parental responsibilities to fulfill and are not just visiting their children. How much parenting time a non-residential parent receives is part of the court-approved parenting plan.

If you are involved in a divorce or paternity matter, contact Canning Law Offices at 847-742-0420 to schedule a free consultation. We will meet with you and explain how current Illinois law may apply to your case. Attorney Charles Canning and his team will answer your questions and work with you to create reasonable objectives for your case. Our office is located in Elgin, Illinois, and we work with clients throughout the surrounding areas including South Elgin, Gilberts, St. Charles, Hampshire, Carpentersville, and Algonquin. Se Habla Español.

For more information on choosing an attorney for your case, see our article on "How to Select a Divorce Lawyer."