How to Decode Allocation Judgments in Chicago Divorce and Paternity Cases

For parents navigating a divorce or paternity case in Chicago, one of the most critical documents is the Allocation Judgment. This legal order defines the rights and responsibilities each parent has regarding their children. The courts focus on creating a detailed framework that serves the child’s best interests through an Allocation Judgment.

Understanding this document is essential for protecting your parental rights and ensuring your child’s stability. At WARD FAMILY LAW, LLC, we guide parents through this process with clarity.

What Is an Allocation Judgment?

An Allocation Judgment is a final, legally binding court order that outlines how parents will share their duties. It is the comprehensive plan that governs both major decision-making for the child and the physical parenting schedule. This judgment is required in all divorce and paternity cases involving minor children in Illinois.

Key Components of an Allocation Judgment

Every Allocation Judgment has two primary components that work together to define the parental roles.

1. Allocation of Parental Responsibilities (Decision-Making): This element addresses who has the authority to make significant long-term decisions for the child. Illinois courts must allocate responsibility for four key areas:
2. Decision-making can be allocated solely to one parent or jointly to both.
   • Education (including school choice and tutoring)
   • Health (such as medical, dental, and psychological care)
   • Religion
   • Extracurricular Activities
3. Allocation of Parenting Time: This is the schedule that dictates when the child will be in each parent’s care. It replaces the concepts of “visitation” and “physical custody.” The schedule is designed to be a consistent plan for regular weekdays, holidays, school breaks, and vacations.

The “Best Interests of the Child” Standard

Cook County judges do not make decisions based on what a parent wants but on what is best for the child. This is known as the “Best Interests of the Child” standard. To determine this, a judge considers many factors, including:

• The wishes of the child, depending on their age and maturity.
• The child’s adjustment to their home, school, and community.
• The mental and physical health of everyone involved.
• Each parent’s willingness to encourage a close relationship between the child and the other parent.
• Any history of domestic violence or abuse.
• The parents’ ability to cooperate.

How Allocation Judgments Are Created

There are three primary paths to creating an Allocation Judgment:

• Negotiation: The most common method involves the parents and their attorneys negotiating and agreeing on a Parenting Plan. This plan is then presented to the court for approval and entry as an Allocation Judgment.
• Mediation: If parents cannot agree on their own, a neutral third-party mediator can help facilitate discussions to resolve disputes and draft an agreement.
• Litigation: When negotiation and mediation fail, a judge will decide the terms of the Allocation Judgment after hearing evidence and testimony from both sides at a trial.

Secure Your Parental Rights

Drafting an Allocation Judgment is a complex process with long-term implications for your family. The attorneys at WARD FAMILY LAW, LLC have the experience to help you negotiate a fair agreement or advocate for your rights in court.

If you are facing a divorce or paternity case in Chicago, contact us to ensure your child’s best interests are protected, and your parental rights are secured.