Libertyville Child Custody Attorney

Parental Responsibilities Under Illinois Law

In 2016, Illinois divorce law did away with the traditional concepts of child custody and visitation, replacing them with the notion of “allocation of parental responsibilities.” With respect to raising a child, the statue breaks down matters involving the child’s upbringing into two areas:

1. Significant Decision-Making: Under this category of parental responsibility, the law refers to the ways that parents will decide key issues of long-term importance in raising the child. They may have equal responsibilities in decision-making, or one parent may assume the primary role with certain types of decision. Four areas are designated by statute as significant in the life of a child: Education, health, religion, and extra-curricular activities.
2. Parenting Time: Allocation of parental responsibilities also includes the time that a parent dedicates to the child. During his or her designated parenting time, that parent is responsible for providing appropriate child care. In addition, a parent taking advantage of parenting time is obligated to make non-significant decisions.

The Parenting Plan

When parents file for divorce, they have 120 days after service of process to file a proposed Parenting Plan. This document covers the areas of significant decision-making and parenting time for the child. If parents can agree on an arrangement, they may file a joint Parenting Plan. They may also prepare their documents and file separately.

If parents cannot agree on a Parenting Plan, a court will determine proper arrangements for significant decision-making and parenting time.

Best Interests of the Child

When making a determination on allocating parental decision-making responsibilities and parenting time, a court looks to the child’s best interests. The judge considers different factors, including:

• Wishes of each parent;
• Child’s wishes, where suitable;
• Child’s needs;
• Mental and physical well-being of each parent;
• Willingness of the parents to cooperate with their designated responsibilities;
• Each parent’s willingness to promote a close bond between the other parent and the child;
• Distance between the parents’ residences; and,
• Existence of physical violence or abuse.