Parenting time, decision-making authority, and your child’s future. Lafata Law prepares every custody case for trial. That preparation often produces better settlements — and better outcomes if trial becomes necessary.
When parents separate, questions about where children will live and who will make decisions about their education, healthcare, and activities become immediate concerns. Illinois refers to these matters as the “allocation of parental responsibilities” rather than “child custody”—a change that took effect in 2016. Regardless of terminology, the stakes remain significant. Lafata Law represents parents in DuPage County child custody matters. Both attorneys are former prosecutors with over 200 combined trials to verdict, experience that translates directly to credible negotiation positions in family court.
Illinois courts determine custody—officially called allocation of parental responsibilities—based on the child’s best interests. The court evaluates two distinct categories: decision-making responsibility and parenting time. Decision-making responsibility addresses who makes major choices about a child’s life. Parenting time addresses the schedule of when a child is with each parent. (750 ILCS 5/602.5; 750 ILCS 5/602.7)
Courts do not presume that either parent should receive more parenting time or decision-making authority based on gender. Illinois law requires courts to consider specific statutory factors and weigh them together based on the circumstances of each case.
Decision-making responsibility refers to authority over significant choices in a child’s life. Under 750 ILCS 5/602.5, these significant issues include:
Courts may allocate decision-making to one parent or both parents for each category. A parent also has sole responsibility for routine decisions and emergency health and safety decisions during their own parenting time.
Parenting time refers to the schedule determining when a child is with each parent. Under 750 ILCS 5/602.7, courts allocate parenting time according to the child’s best interests. The law presumes both parents are fit. The court cannot restrict a parent’s parenting time unless evidence demonstrates that exercising parenting time would seriously endanger the child’s physical, mental, moral, or emotional health.
To discuss your situation with an experienced trial attorney, contact Lafata Law for a confidential consultation.
Illinois law requires courts to consider multiple factors when making custody decisions. For decision-making responsibility, 750 ILCS 5/602.5(c) lists relevant factors including:
For parenting time, 750 ILCS 5/602.7(b) includes additional considerations:
Courts weigh all factors together. No single factor determines the outcome, and the court may consider any other factor it expressly finds relevant to the child’s circumstances.
Yes. Illinois law allows parents to submit a mutually agreed written parenting plan to the court. If the court determines the plan serves the child’s best interests, it will approve the agreement. (750 ILCS 5/602.7(b))
When parents cannot reach agreement, the court makes the allocation decisions after considering the statutory factors. This is where trial preparation becomes relevant. Custody disputes often settle before trial, but the terms of any settlement depend on what both parties believe a judge would order if the case proceeded. Attorneys with real trial experience negotiate from a stronger position because opposing counsel recognizes the credibility of the litigation threat.
Lafata Law’s attorneys have tried over 200 cases to verdict between them. That courtroom experience informs case strategy from the initial consultation through resolution—whether that resolution comes through negotiation or trial.
Most custody matters resolve through negotiation or mediation rather than trial. However, the strength of a negotiated outcome often reflects each party’s litigation position. When opposing counsel knows an attorney has tried cases and is prepared to do so again, settlement discussions proceed differently.
Former prosecutors develop specific skills that transfer directly to family court: presenting evidence persuasively, cross-examining witnesses effectively, and anticipating how judges evaluate testimony. Lafata Law’s attorneys spent years in DuPage County courtrooms as prosecutors before transitioning to family law. They understand local court procedures and have appeared before judges in Wheaton and throughout the western suburbs.
The court’s inquiry focuses on what serves the child’s best interests. Effective advocacy means presenting evidence that addresses the statutory factors in a thorough, organized manner—something trial-tested attorneys do routinely.
Parents facing separation or divorce in DuPage County should consult with a custody lawyer early in the process. Understanding how Illinois courts allocate parental responsibilities helps parents make informed decisions about negotiation strategies and parenting plan proposals.
An attorney can explain how statutory factors may apply to specific circumstances, what documentation courts typically consider, and what parenting arrangements might serve a child’s best interests given the family’s situation. Early consultation allows time for strategic preparation rather than reactive decisions.
Lafata Law offers confidential consultations for parents navigating custody matters in DuPage County and the western suburbs of Chicago. Contact the firm to discuss how Illinois law applies to your circumstances and what options may be available.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Each case is unique and must be evaluated based on its specific facts. Prior results do not guarantee similar outcomes. For advice regarding your situation, consult with a licensed attorney.
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