Aurora Family Law Attorney
Decision Making Authority
Effective January 01, 2016, there are major changes to the Illinois Marriage and Dissolution of Marriage Act. Parents will no longer be granted joint decision making authority or sole decision making authority, but rather the courts will allocate "decision making authority" over the children. The term "decision making authority" refers to the amount of authority a parent has over the child(ren) with regards to: Health decisions, education, religion and extra curricular activities.
Thus, a parent with a "majority of decision making authority" will have more decision making authority over the child(ren), whereas parents with "equal decision making authority", will have equal decision making authority over the child(ren). Decision making authority is different from parenting time, in that an award of a majority of decision making authority over a child does not necessarily preclude the other parent from parenting time. Parenting time is a right for the non-residential parent, absent some type of harmful abuse to the minor child. Parties may submit an agreed upon parenting plan, or the court may, after hearing, award a majority or equal parenting time to either party.
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receive legal counsel for your family law matters.
Residential Custody: Residential custody is typically defined as the primary residence of the child(ren). The primary residence of the child(ren) will typically be with either spouse and is usually for school purposes only. Residential Custody has no bearing on decision making authority or parenting time.
Legal Issues in Child Decision Making Authority Matters
Even in uncontested divorce negotiations, the most common issues you will have to address are:
- Decision making authority over the minor child(ren).
- Distribution of marital assets
- Maintenance (alimony)
- Child support
- Distribution of retirement accounts/investment accounts and finally,
- The grounds in which the marriage is to be dissolved.
Contact an Aurora family law attorney for legal representation in any divorce matter today.
The Law Offices of David Lee is available in Kane, Kendall, Dupage, and Dekalb Counties