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IL divorce lawyerMany spouses who make the decision to get divorced have minor children from the marriage. When there are minor children from the marriage, parental responsibilities will need to be allocated. There are essentially two different ways of allocating parental responsibilities under the Illinois Marriage and Dissolution of Marriage Act (IMDMA): either through a parenting plan developed by the parents or through the court’s allocation judgment. In both scenarios, the wishes of the child, or the child’s preference, can be taken into account but typically will not be the sole deciding factor in how parental responsibilities are allocated. Keep in mind that parental responsibilities include both significant decision-making responsibilities and parenting time. We will say more about how a child’s preference can come into play for both types of parental responsibilities.

Allocating Significant Decision-Making Responsibilities and Considering the Child’s Preference

Under the IMDMA, significant decision-making responsibilities are one of two forms of parental responsibilities, previously known in Illinois as child custody. Significant decision-making responsibilities are most similar to what we previously knew as legal custody or the parent’s responsibility for making significant decisions about the child’s upbringing. Generally speaking, significant decision-making responsibilities typically include decisions about the child’s education (including where the child goes to school and who tutors the child), health care issues (including the types of medical, dental, and psychological treatments a child receives, as well as the providers the child sees), and religion (including what the child’s religious upbringing is and where the child receives religious training, education, and community).

Does the child get to have a say in how significant decision-making responsibilities are allocated? The answer to that question depends upon the specific facts of the case, but the IMDMA does allow the child’s wishes to be one consideration. Under the IMDMA, significant decision-making responsibilities are allocated according to what is in the best interests of the child. Whether the parents allocate these responsibilities in a parenting plan or the court does so in an allocation judgment, the “child’s best interests” must be what governs the allocation. In considering the child’s best interests, the IMDMA says that “all relevant factors” should be considered, including:

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IL family lawyerIf you are considering divorce or currently are in the process of getting divorced and have minor children from your marriage, we know that you probably have many questions about child custody in DuPage County. If you have spoken with a family law attorney, or if you have a family member or friend who recently got divorced, you likely know that Illinois does not use the term “child custody” any longer. Courts do not award legal custody or physical custody when parents get divorced, and accordingly Illinois law no longer use the term “visitation.” Instead, you may know that courts in the state now use terms that include “parental responsibilities” and “parenting time” to refer to who makes legal decisions about the child’s upbringing and the amount of time that a parent physically spends with the child.

Yet these new terms can get confusing. We often work with clients who want to know: what is the difference between parental responsibilities and parenting time? In short, parenting time is part of the overarching “parental responsibilities,” but we will explain more about how each of these terms is defined and used under the Illinois Marriage and Dissolution of Marriage Act (IMDMA). If you need help with your case, a DuPage County child custody lawyer can speak with you today.

Defining Parental Responsibilities and Parenting Time Under the IMDMA

The term “parental responsibilities” is the overarching language that is now used in Illinois instead of “child custody.” The statute defines parental responsibilities as parenting time and significant decision-making responsibilities. As you can see, the term parental responsibilities is the more general, overarching term under which specific parental responsibilities are housed. Parenting time is defined as one form of parental responsibility, while significant decision-making responsibilities is the other form of parental responsibility. In effect, the term “parenting time” replaces the terms “physical custody” and “visitation,” while the term “significant decision-making responsibilities” replaces the term “legal custody.”

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Illinois divorce attorney, Illinois family law attorneyIn Illinois divorce cases, it is very important that you work with a dedicated Oakbrook Terrace family law attorney from the start of your case to ensure that all divorce matters are handled smoothly. It is a good idea to have a better understanding about how the divorce process will work. At Farooqi & Husain Law Office, we are committed to providing family law services to members of the Muslim community, and we can answer your questions about divorce today.

If you want to divorce your spouse, there are some key features of Illinois divorce that you should learn more about.

Have You Met the Requirements to File for Divorce?

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Posted on in Child Custody

Illinois divorce attorney, Illinois family lawyer, Illinois child custody lawyer,Since January 1, 2016, sweeping changes to Illinois family laws have taken effect. Through the alterations to the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5/), couples who are thinking about divorcing will notice numerous changes in terminology. In some cases, the changes to the law will have an immediate impact. In other situations, the shifts in the law are largely semantic ones intended to have symbolic import. And such a change is precisely how we would categorize the change from “visitation” time that parents have with their kids after divorce to “parenting time.” In other words, the legal language of “visitation” has been removed from the Illinois Marriage and Dissolution of Marriage Act (IMDMA) in favor of language that speaks to the human realities of a parent’s relationship with his or her child.

Legal Language of “Parenting Time”

What does parenting time mean, exactly? First, it falls under Part VI of the IMDMA, which governs the “allocation of parental responsibilities.” Under the law, parenting time is defined as “the time during which a parent is responsible for exercising caretaking functions and non-significant decision-making responsibilities with respect to the child.” Looking at this specific language, it becomes important to understand what the law means when it refers to “caretaking functions.”

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Illinois divorce attorney, Illinois family lawyer, Illinois child custody lawyer,A previous post discussed a number of changes made to the Illinois Marriage and Dissolution of Marriage Act (IMDMA), all of which took effect as of January 1, 2016. When the overhaul of the IMDMA was signed into law, it contained numerous alterations to parenting during and after divorce. It is also necessary to understand some general changes to parenting laws in Illinois and the ways in which they will impact Muslim families in DuPage County.

Child Custody and the Allocation of Parental Responsibilities

One of the first major shifts to the IMDMA with regard to parenting is a basic name change concerning child custody. While changing the title for a specific area of the law might not at first appear to be a significant alteration, it suggests a shift in the way Illinois courts will approach issues of child custody. What is that name change? The large section of the IMDMA that concerns child custody has been renamed “Allocation of Parental Responsibility.”

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Illinois divorce attorney, Illinois family lawyer, Illinois child custody lawyer,Over the last several years, lawmakers have instituted changes to the Illinois marriage and divorce statute in relation to same-sex marriage and spousal maintenance. Yet those changes only represent a small portion of recent shifts in laws concerning Illinois families. To be sure, the Illinois legislature recently passed a substantial rewrite of our state’s laws when it comes to marriage and divorce, and those new laws will go into effect on January 1, 2016.

It is important for Muslim families in the Oakbrook Terrace area to have a better understanding of the changes to our state’s marriage and divorce laws, and the ways in which those laws can impact family life. It is imperative to understand the major changes being made to the Illinois Marriage and Dissolution of Marriage Act (IMDMA) in order to best prepare yourself for any issues relating to family law within the state.

No More Grounds for Divorce

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Islamic divorce attorney, Illinois divorce attorney, Islamic family law attorney, Islamic law can be quite complex in several areas, none more so than divorce. While standard secular divorce has many different requirements and stages, there are certain common occurrences that conflict with Islamic principles. Sometimes you may require the services of an experienced Islamic family law attorney in order to successfully navigate these obstacles in an Islamically acceptable way.

Who Keeps the Mahr?

Mahr, often incorrectly translated as “dowry,” means a gift from the groom to the bride upon the occasion of their wedding. There has been much ink spilled on the question of whether or not a wife may keep her mahr even after divorce. The short answer depends on who possesses the right of divorce and who initiates it.

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