Let's Talk About Allocation of Parental Responsibilities: Significant Decision Making and Parenting
Your family is my first priority.
Your children's well-being and futures are something you are invested in that may keep you up at night. As your attorney, I promise to support you and to care. It matters to me whether your Allocation Judgment, the final document governing significant decision making and parenting time, addresses the unique needs of your family and your specific concerns. Whether you're a mom trying to protect your child or your relationship with those children, or a dad that needs someone to stand up for gender bias, or anyone in between, I will be your advocate and your voice.
Significant Decision Making
Most commonly, this is discussed as joint versus sole decision making, formerly known as custody. The statute provides that unless the parents otherwise agree in writing, the Court must allocate to one or both of the parents the significant decision-making responsibility for each significant issue affecting the child.
Those significant issues shall include, without limitation, the following:
(1) Education, including the choice of schools and tutors.
(2) Health, including all decisions relating to the medical, dental, and psychological needs of the child and to the treatments arising or resulting from those needs.
(3) Religion, subject to certain provisions, and
(4) Extracurricular activities.
In making a determination regarding significant decision-making, the Court is required to perform an analysis of the best interests of the children using certain statutory criteria, specifically:
(1) the wishes of the child, taking into account the child's maturity and ability to express reasoned and independent preferences as to decision-making;
(2) the child's adjustment to his or her home, school, and community;
(3) the mental and physical health of all individuals involved;
(4) the ability of the parents to cooperate to make decisions, or the level of conflict between the parties that may affect their ability to share decision-making;
(5) the level of each parent's participation in past significant decision-making with respect to the child;
(6) any prior agreement or course of conduct between the parents relating to decision-making with respect to the child;
(7) the wishes of the parents;
(8) the child's needs;
(9) the distance between the parents' residences, the cost and difficulty of transporting the child, each parent's and the child's daily schedules, and the ability of the parents to cooperate in the arrangement;
(10) whether a restriction on decision-making is appropriate under Section 603.10;
(11) the willingness and ability of each parent to facilitate and encourage a close and continuing relationship between the other parent and the child;
(12) the physical violence or threat of physical violence by the child's parent directed against the child;
(13) the occurrence of abuse against the child or other member of the child's household;
(14) whether one of the parents is a sex offender, and if so, the exact nature of the offense and what, if any, treatment in which the parent has successfully participated; and
(15) any other factor that the court expressly finds to be relevant.
Parenting Time
This is what people used to call visitation. Again, this statute provides that unless the parents otherwise agree in writing, the Court must allocate parenting time. In making a determination regarding parenting time, it is presumed both parents are fit and the court will not place any restrictions on parenting time, unless it finds by a preponderance of the evidence that a parent's exercise of parenting time would seriously endanger the child's physical, mental, moral, or emotional health.
In determining the child's best interests for purposes of allocating parenting time, the court shall consider all relevant factors, including, without limitation, the following:
(1) the wishes of each parent seeking parenting time;
(2) the wishes of the child, taking into account the child's maturity and ability to express reasoned and independent preferences as to parenting time;
(3) the amount of time each parent spent performing caretaking functions with respect to the child in the 24 months preceding the filing of any petition for allocation of parental responsibilities or, if the child is under 2 years of age, since the child's birth;
(4) any prior agreement or course of conduct between the parents relating to caretaking functions with respect to the child;
(5) the interaction and interrelationship of the child with his or her parents and siblings and with any other person who may significantly affect the child's best interests;
(6) the child's adjustment to his or her home, school, and community;
(7) the mental and physical health of all individuals involved;
(8) the child's needs;
(9) the distance between the parents' residences, the cost and difficulty of transporting the child, each parent's and the child's daily schedules, and the ability of the parents to cooperate in the arrangement;
(10) whether a restriction on parenting time is appropriate;
(11) the physical violence or threat of physical violence by the child's parent directed against the child or other member of the child's household;
(12) the willingness and ability of each parent to place the needs of the child ahead of his or her own needs;
(13) the willingness and ability of each parent to facilitate and encourage a close and continuing relationship between the other parent and the child;
(14) the occurrence of abuse against the child or other member of the child's household;
(15) whether one of the parents is a convicted sex offender or lives with a convicted sex offender and, if so, the exact nature of the offense and what if any treatment the offender has successfully participated in; the parties are entitled to a hearing on the issues raised in this paragraph (15);
(16) the terms of a parent's military family-care plan that a parent must complete before deployment if a parent is a member of the United States Armed Forces who is being deployed; and
(17) any other factor that the court expressly finds to be relevant.
An important note, in allocating parenting time, the court is not permitted to consider conduct of a parent that does not affect that parent's relationship to the child.
As a parent myself, I understand the issues facing families in navigating the logistics of one home becoming two. As an experienced custody attorney, I understand the legal nuance of children's best interests standards. Co-parenting takes practice and support and you've got this! I'll help connect you with resources and talk you through difficult situations. Whether you need support in or out of the courtroom, my fierce and compassionate advocacy is always family focused.
If you're ready to talk about Allocation of Parental Responsibilities, which used to be called custody and visitation please reach out to schedule your free 15 minute phone call.