Understanding Parental Responsibilities in Illinois

Illinois law uses the term parental responsibilities to describe a parent’s authority to make significant decisions about a child. Rather than simply determining which parent has “custody”, the court may allocate different decision-making responsibilities between parents.

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The Child’s Best Interests Come First

When parents cannot agree on parental responsibilities or parenting time, the court may decide. Illinois courts make these determinations based on the child’s best interests.

The court may consider a variety of circumstances involving the child and both parents rather than relying on any single factor.

The goal is to establish an arrangement that protects the child’s well-being and provides an appropriate structure for the family moving forward.

Considerations May Include

  • ‘The needs of the child
  • The child’s relationship with each parent
  • The child’s adjustment to home, school, and community
  • Each parent’s previous involvement in significant decisions
  • The distance between the parents’ homes
  • Each parent’s ability to support the child’s relationship with the other parent
  • The mental and physical health of the individuals involved
  • Any history of violence, abuse, or threats to the child’s safety

Creating an Illinois Parenting Plan

Decision-Making Responsibilities

Which parent has the authority to make significant decisions.

 

Parenting Schedule

Where the child will spend weekdays, weekends, and other regularly scheduled parenting time.

Holidays and School Breaks

How holidays, birthdays, summer breaks, and other special occasions will be divided.

Transportation and School Breaks

Where exchanges will occur and which parent is responsible for transportation.

Parent Communication

How parents will communicate about their child and share important information.

Communication With the Child

Expectations for phone calls, videos, and other communication when the child is with the other parent.

Agreed vs. Contested Parenting Arrangements

Whenever possible, parents may be able to negotiate and submit an agreed parenting plan for court approval. This can give parents greater control over the arrangement and allow them to create a schedule specifically suited to their family.

When parents cannot agree on decision-making responsibilities, parenting time, or other significant issues, the matter may be contested. Negotiation or mediation may still help resolve some disagreements, but unresolved issues may ultimately need to be decided by the court.

Even when parents generally agree, having a clear and comprehensive parenting plan can help prevent misunderstandings later.

Some Things to Consider

  • Agreed Parenting Plan
  • Contested Parenting Plan
  • Decision-Making Responsibilities
  • Parenting Time Schedule
  • Mediation
  • Court Determination
  • Parenting Plan Approval
  • Future Modifications
  • Clear Expectations

Issues Our Attorneys Can Help You Address

1

Allocation of Decision-Making

Determine how important decisions involving education, healthcare, religion and activities should be handled.
2

Parenting Schedules

Develop a practical schedule for weekdays, weekends, and holidays.
3

Parenting Plan

Create detailed agreements that establish clear expectations
4

Contested Parenting Disputes

Advocate for your position when you and the other parent cannot reach agreements
5

Parenting Time Modifcations

Address existing schedules that no longer meet the family's needs
6

Enforcement Issues

Take appropriate steps when the other parent repeatedly fails to comply
7

Relocation

Understand how a proposed move may affect parenting time and responsibilities