Understanding the Allocation of Parental Responsibilities in Illinois
One of the most important decisions to make when separating or getting a divorce with minor children is the allocation of parental responsibilities (previously known as custody). This means deciding which parent will have significant decision-making obligations and how parents will divide parenting time (formerly known as physical custody or visitation). As you navigate custody negotiations, an experienced Illinois child custody lawyer can help you understand the laws that apply to allocating parental responsibilities, working with you to make choices that serve your child’s best interests.
What Are the Decision-Making Obligations?
Decision-making responsibilities specifically refer to the following in Illinois:
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Healthcare choices, such as doctors, treatments, and medication
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Education decisions, such as where the child will go to school
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Religious involvement, including whether children will be involved in religion at all
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Extracurricular activities, such as sports
In most Illinois cases, these responsibilities are shared jointly between the parents. Judges prefer for parents to agree on significant decisions to avoid exposing children to ongoing fights between parents.
What Are the Types of Parenting Time?
Parenting time refers to the physical time each parent spends with the child. This part of a parenting plan covers regular daily schedules and special occasions, such as holidays and school breaks. It is rare for one parent to be awarded full allocation of parenting time, but the exact division of parenting time will vary according to each family’s circumstances.
Can Parents Propose a Plan for the Allocation of Parental Responsibilities?
If both parents can agree on how to share parenting time and decision-making authority, parents can have their attorneys submit their shared parenting plan to the court. The plan will need to be in writing with signatures from both parents. When parents do not agree on custody and visitation, the court will issue the final order based on what is best for the child.
How Does the Court Determine Parental Responsibilities and Parenting Time?
Like most state statutes, Illinois’s laws about parenting after divorce value the child’s best interests above everything else in custody and child support cases. Whenever possible, parents are encouraged to create a parenting plan on their own, without court interference. When this is not possible, courts will get involved to determine a child’s best interests.
The court considers many factors when assessing the most suitable arrangements for a parenting plan. The most common considerations include:
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A parent’s ability to create a stable environment that offers nurturing support
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How involved each parent is in daily aspects of the child’s life
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How well the parents can interact and communicate with one another
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Whether either parent has a history of violence or neglect
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The child’s physical, mental, and emotional needs
Familial relationships, location, and family history each make a custody case unique. These elements are taken into consideration as well, along with anything that may impact the child’s needs.
Schedule a Free Consultation With a Will County, IL Child Custody Lawyer
If you have questions about your rights as a parent and how those rights apply to the allocation of parental responsibilities, the experienced DuPage County, IL child custody attorney at the Law Office of Ronald L. Hendrix, P.C. can help. As a court-appointed mediator, I understand what it takes to find compromise in disagreements over custody while putting the child first. Call 630-355-7776 today to schedule a free consultation and discuss how legal representation could benefit you.









