Allocation of Parental Responsibilities in Illinois
When parents separate, nothing matters more than the well-being of their children. In Illinois, custody decisions are now called allocation of parental responsibilities. By law, allocation of parental responsibilities are made based on what serves the child’s best interests, not just what’s convenient for the adults involved.
Illinois Child Custody Law: The Basics
Although many still use the terms (even in Court), Illinois no longer uses the terms "custody" and "visitation." Instead, the law focuses on:
Parental responsibilities – decision-making authority
Parenting time – the time each parent spends with the child
These changes are set out in the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5/600 et seq.). Courts favor shared parenting when possible, but outcomes vary based on each family's unique dynamics.
What Does “Parental Responsibilities” Include?
Parental responsibilities cover major life decisions in areas such as:
Education
Healthcare
Religion
Extracurricular activities
The court can allocate these responsibilities to one parent, both parents equally, or divided by topic. For example, one parent may handle medical decisions, while the other manages education. If parents can agree on a Parenting Plan, the court usually approves it. If not, then the parents leave it up to the Judge to decide who gets what.
Parenting Time (Physical Custody)
Parenting time refers to where the child lives and how time is split between the parents. Options include:
Equal (50/50) time-sharing
One parent having primary residential time
Holiday and vacation schedules
Supervised parenting time, if safety is a concern
Parenting time is supposed to focus on creating a stable and loving environment for the child, not on punishing either parent.
What Factors Does the Court Consider?
Under Illinois law, judges consider a wide range of factors to determine the child’s best interests, including:
The child’s relationship with each parent
The child’s adjustment to home, school, and community
The mental and physical health of all parties
The willingness of each parent to cooperate and encourage a relationship with the other
Any history of abuse or neglect
The child’s wishes (depending on maturity and age)
A good family law attorney will build your case with evidence that highlights your strengths as a parent and addresses any challenges raised by the other side.
Modifying Custody and Parenting Plans
Life changes, and parenting arrangements often need to change, too. You may be able to request a modification of parental responsibilities or parenting time if:
A parent is moving (relocation)
A child’s needs have changed
One parent is interfering with the current plan
New issues (like substance abuse or job loss) arise
Under Illinois law, a modification can be granted if there’s been a substantial change in circumstances and the new plan is in the child’s best interests.
217 Law Attorneys
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Courtney Anderson
Courtney practices criminal defense, family law, and personal injury. Never shy of a difficult or high-profile case, she has won numerous awards for her advocacy, including recently being selected as a finalist for top lawyer in Macon County.
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Fallon Conner
Fallon practices criminal defense and family law. As a former prosecutor, she has unique insight into the criminal justice system. She enjoys being in the courtroom and has a great track record of success in bench and jury trials.
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Zach Anderson
Zach focuses on helping injured clients with workers compensation, personal injury, and products liability claims. He has successfully resolved multiple single-party injury cases for over $1 million, and has helped recover millions for users of bad products.
We want to work with you.
Phone:
217-217-0217
Address:
132 S. Water St., Suite 628. Decatur, IL 62523
Email:
info@217law.com
Where We Work:
We help clients throughout the 217 area code with injury claims and general civil litigation. We practice criminal defense and family law in Macon and surrounding counties.
