The best way a parent can increase his or her chances of being allocated the majority of parenting and decisions making is to make decisions that are based upon the best interest of the child or children in their family.
Oftentimes parents can become so immersed in regards to what their needs are in dissolution cases, they forget to consider the needs of their children. A court when considering allocating the majority of parenting time will consider which parent is better able to serve the needs of their child above and beyond their own individual needs. Additionally the court will consider which parent has been responsible for the primary care of the child prior to the dissolution action being filed.
Specifically, the Illinois Marriage and Dissolution of Marriage Act in Illinois suggest the court should look at who was caring for the child as a primary parent in six months prior to the petition of dissolution of marriage being filed. The court can also evaluate whether or not those responsibilities and primary care of the children was shared or allocated equally in the parties.
If a litigant is looking to increase their chances of being allocated the majority of parenting time and decision making in a divorce case, it is imperative that they focus on making decisions in the best interest of the children, and that they communicate with their spouse in a way that is cooperative and productive.
It is also important that the parent seeking the majority of the parenting time and decision making has the ability to create an environment wherein their child is encouraged to have a positive and healthy relationship with both parents, and not just the primary parent.
Michelle R. Mosby-Scott is a lead family law attorney at Allison & Mosby-Scott in Bloomington Illinois. She focuses solely on family law, regularly representing clients in divorce, child custody and support, pension division and removal, and alimony. www.allisonmosby-scott.com
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