Do Mothers Always Get Residential or Primary Allocation of Parental Responsibility?

DuPage County Attorneys Explain Child Custody and Parenting Time for Divorcing Parents

When parents divorce, or when unmarried parents end their relationship, they will need to make decisions about where their children will live and when the children will spend time with each parent. In some cases, people may assume that the mother will be the primary or custodial parent, with children living with her the majority of the time while visiting the other parent for shorter periods of time. However, arrangements in which the mother will receive more parenting time with her children will not always be put in place. These arrangements are used in many cases, but they are not a guarantee by any means. At Mirabella, Kincaid, Frederick & Mirabella, LLC, we can help find what arrangements for the allocation of parental responsibilities (formerly known as child custody) and parenting time will best suit your family.

Reaching Agreements About Parenting Time

In many family law cases, both members of the dissolving marriage are able to come to an agreement. Usually, one of the parties will have more parenting time with the children than the other. However, parents may also share equal amounts of parenting time. Parents can work together to create parenting plans that will provide each parent with sufficient time with their children, while also addressing other related issues, including transportation arrangements for children, rules for communication between children and parents, methods of discipline, participation in children's activities, and when children will spend time with parents or other family members on holidays, birthdays, or other specific days and times.

In some cases where child custody issues are decided by the court, a majority of parenting time can be awarded to the parent who was the primary caregiver for the children during the course of the couple's marriage. In many cases, this parent is the mother, but fathers often act in this role as well, and parents may have both been closely involved in child care responsibilities. These issues may be addressed on a case-by-case basis, and the final decisions will be based on a family's unique circumstances, with a focus on protecting the best interests of the children.

We have seen plenty of cases where it was deemed more appropriate for the father to have the majority of the parenting time. If necessary, both parents may have nearly equal time with their children. All options have been handled by the team at Mirabella, Kincaid, Frederick & Mirabella, LLC, and we can help craft solutions that will fit a family's unique needs. We will fight for whatever scenario is best for you while also ensuring that your child will be provided with the adequate care they deserve.

Contact a Skilled DuPage County Custody Lawyer

At Mirabella, Kincaid, Frederick & Mirabella, LLC, we believe that an informed client is better able to make effective decisions. That means we take the time to educate you about the legal process. We can answer any questions you may have regarding any family law or divorce matter. For decades we have assisted parents going through divorces in DuPage, Kane, and Kendall Counties. Contact us to set up a consultation by calling 630-665-7300.