IL family lawyerIf you are going to file for divorce and you have minor children from your marriage, or if you are in the early stages of a DuPage County divorce case that will involve child custody, it is important to understand how Illinois law defines child custody and how courts in the state handle child custody cases. As you might already know, the Illinois Marriage and Dissolution of Marriage Act (IMDMA) governs child custody or the allocation of parental responsibilities. Rather than awarding child custody to one or both parents, Illinois courts allocate parental responsibilities, which include significant decision-making responsibilities and parenting time. Significant decision-making responsibilities are somewhat akin to what courts used to describe as legal custody, while parenting time is somewhat akin to what courts used to describe as physical custody and visitation.

Within the allocation of parental responsibilities, you might learn about something known as “caretaking functions.” What are caretaking functions in child custody in Illinois? In short, caretaking functions are the responsibilities that parents have for their children when they have parenting time. Our experienced DuPage County child custody lawyers want to provide you with more information about caretaking functions and how they might apply to your child custody case.

Defining Caretaking Functions Under Illinois Law

The IMDMA defines caretaking functions as “tasks that involve interaction with a child that direct, arrange, and supervise the interaction with and care of a child provided by others, or for obtaining the resources allowing for the provision of these functions.” In practical terms, and on a day-to-day basis, caretaking functions may include but are not limited to the following:

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IL divorce lawyerIf you are in the early stages of your divorce case, or if you are considering a divorce in DuPage County, you may have concerns about your child’s religious upbringing once you and your spouse are sharing parental responsibilities from different households. Many parents in the DuPage Muslim community have had similar concerns while going through divorce cases, and it is important to know that Illinois law does have specific elements to guide courts in determining how a child’s religious upbringing will be handled after a divorce.

Generally speaking, courts will respect any agreement the parents have made about the child’s religious upbringing, but it is essential to have an experienced DuPage County child custody lawyer on your side who can represent you. Even if you do have an agreement with your spouse, divorces and child custody cases can get contentious, and you will need an advocate on your side.

When You Have an Express Agreement with Your Spouse About Your Child’s Religious Upbringing

Under the Illinois Marriage and Dissolution of Marriage Act (IMDMA), determining how a child’s religious upbringing will be handled after a divorce is one part of the process of allocating parental responsibilities. The IMDMA clearly suggests that parents’ previous agreements generally will be upheld by the court. Accordingly, if you have an express agreement with your spouse—ranging from a legal contract that has been drawn up prior to or after the marriage, to a series of emails between you and your spouse in which you reach an agreement—the court will defer to the parents’ express agreement concerning the child’s religious upbringing.

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IL custody lawyerIf you are planning to file for divorce from your spouse, or if your spouse recently filed for divorce in DuPage County and you have been served with divorce papers, you may be unsure about the next steps that will follow in your divorce case. For couples with minor children from their marriage, the process of moving forward with a divorce can be particularly stressful. As you might already know, rather than awarding child custody to one or both parents, the Illinois Marriage and Dissolution of Marriage Act (IMDMA) clarifies that parents should be allocated parental responsibilities based on the “best interests of the child” standard. But what do courts mean when they refer to the best interests of the child?

The IMDMA provides some clarifying language that can help parents to understand what courts are aiming for when they allocate parental responsibilities. If you still have follow-up questions after learning more about the best interests of the child standard, you should get in touch with a DuPage County child custody lawyer to learn more.

IMDMA Recognizes the Significance of Parental Responsibilities

According to the IMDMA, when the court seeks to determine a child’s best interests in allocating parenting time and significant decision-making responsibilities, it does so with the acknowledgment that parental responsibilities are “paramount responsibilities in our system of justice.” Accordingly, in determining what is in a child’s best interests, the court will think about the following issues outlined in the statute:

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IL custody lawyerIf you recently went through a divorce and have minor children from your marriage, you may also have a parenting plan in place that allocates parental responsibilities. Your parenting plan may include the allocation of significant decision-making responsibilities under Illinois law, as well as the allocation of parenting time. There are a wide variety of reasons that one or both parents may want to modify an existing parenting plan. One of the parents, for example, might have started a new job that has significantly different hours and limits that parent’s ability to provide caretaking functions on certain weekends that are currently part of that parent’s parenting time. Or, for example, the child’s extracurricular or school schedule might have changed, meaning that the parents’ schedules will also need to change.

Whatever the reason is for modifying an existing parenting plan, and especially an allocation of parenting time, it is important to know what your options might be. If you have questions or need assistance, one of the experienced DuPage County child custody attorneys at Farooqi & Husain Law Office can speak with you today.

Parents Can Agree to Modify a Parenting Plan

The Illinois Marriage and Dissolution of Marriage Act (IMDMA) clarifies that modification of an existing parenting plan is always possible by “stipulation of the parties.” In other words, if one or both of the parents want to modify the existing parenting plan and both parents agree to that modification, they can do so. In general, modifications are generally straightforward and relatively easy when both parties agree to a modification—whether for a parenting plan or another post-divorce order.

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IL divorce lawyerDivorce for Muslims in DuPage County can be extremely complicated, especially when there are questions about how Islamic law will apply to the divorce proceeding and the steps that must be taken to obtain an Islamic divorce certificate in addition to a civil divorce decree. One issue that is not especially common but can arise in a Muslim divorce is this: the spouses have minor children from the marriage, and one of the parents is less religious than the other and wants to move away from raising the children in a religious environment. In other words, one of the parents wants to move away from educating the children according to the beliefs and practices of Islam, but the other parent vehemently disagrees. If you are the other parent—the parent who believes in a strong religious upbringing for your children—you are likely concerned and want to know: Can I continue to raise my children according to the teachings of Islam after the divorce?

At Farooqi & Husain Law Office, we know how complicated questions about childrearing can be after a divorce, especially when those matters get at the fundamental religious beliefs of the parties. An experienced Oakbrook Terrace divorce lawyer can help.

Religious Upbringing Under Illinois Law

The Illinois Marriage and Dissolution of Marriage Act (IMDMA) governs the allocation of parental responsibilities, including a parent’s ability to make decisions about the child’s religious upbringing.

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