Parental Responsibilities in Illinois

Determining how children will be raised after divorce is one of the most emotionally complex aspects of any split. At SLG Family Law, our attorneys approach these sensitive situations with the compassion and professionalism your family deserves. We are committed to helping you create stable, supportive, and legally sound parenting arrangements that protect your children’s future.

From “Custody” to “Parental Responsibilities”

If you are going through a divorce in Illinois, you might be expecting to hear terms like “sole custody” or “primary custody.” However, in 2016, Illinois law underwent a significant shift regarding how these concepts are defined. The state legislature replaced “custody” with the term “Allocation of Parental Responsibilities.”

Why the change? The old terminology often created a “winner takes all” mentality, where one parent “won” custody and the other was relegated to a visitor role. The new language is designed to reduce conflict and emphasize that both parents, regardless of who the child sleeps with on a Tuesday night, remain vital, active participants in their child’s life. It focuses on the specific duties of parenting rather than the possession of the child.

What Does “Parental Responsibilities” Cover?

Under the current law, parental responsibilities refer specifically to the authority to make significant, long-term decisions on behalf of your child. It is distinct from “parenting time” (formerly visitation), which is simply the schedule of when the child is physically with each parent.

The court separates decision-making authority into four primary categories:

• Education: Choices regarding the selection of schools, tutors, and special education needs.
• Health: Decisions regarding medical, dental, and psychological needs.
• Religion: Decisions concerning the child’s religious upbringing and participation.
• Extracurricular Activities: Decisions regarding the child’s enrollment in sports, music lessons, or other programs.

Shared Responsibilities: The Standard Approach

In most cases, Illinois courts presume that it is in the child’s best interests for parents to share parental responsibilities. This generally means that both parents retain the right to have a say in how their children are raised, even if the children reside primarily with one parent. Courts favor this arrangement because it encourages co-parenting and helps the child benefit from the guidance and involvement of both the mother and father. However, “shared responsibility” does not always mean parents must agree on everything. In some cases, the court may split responsibilities, giving one parent decision-making power over education, while the other handles healthcare.

When Parental Responsibilities Are Restricted

While shared responsibility is the goal, it is not guaranteed. If a parent poses a risk to the child’s well-being, the court will not hesitate to allocate sole decision-making responsibility to the other parent.

Factors that may cause a parent to be denied parental responsibilities include:

• Abuse or Neglect: A history of physical or emotional abuse toward the child or the other parent.
• Substance Abuse: Documented evidence of drug or alcohol addiction that impairs judgment.
• Inability to Cooperate: If the conflict between parents is so severe that they cannot communicate effectively or agree on basic needs, the court may grant decision-making authority to just one parent to give the child stability.
• Mental Health Issues: Untreated conditions that interfere with the ability to make sound decisions.

Proving Your Capabilities as a Parent

If your decision-making rights are being challenged, or if you believe your co-parent should not have decision-making power, evidence is essential. To maintain your parental responsibilities, you must demonstrate your active involvement and fitness as a parent.

Helpful evidence often includes:

• Communication Logs: Emails and texts that show you attempt to co-parent respectfully.
• Involvement Records: Proof of attendance at parent-teacher conferences, doctor appointments, and extracurricular events.
• Witness Statements: Testimony from teachers, coaches, or care providers who can attest to your role in the child’s life.
• Character References: Statements regarding your stability and bond with the child.

Why You Need an Attorney

The allocation of parental responsibilities will shape your relationship with your child until they turn 18. If these rights are restricted, you lose your voice in the most critical aspects of their upbringing.

Because modifying a judgment is extremely difficult within the first two years, it is critical to get the allocation right the first time. Whether you are fighting for sole responsibility to protect your child or defending your right to be involved in their life, you need an advocate. At SLG Family Law, we help you make sense of these complex statutes to secure a future where your role as a parent is protected.

Secure Your Role in Your Child’s Life

Parental responsibilities define the framework for how your child will be raised and determine whether you get to actively participate in their upbringing. Don’t leave your role as a parent to chance; contact SLG Family Law today to discuss your parental responsibilities and make your voice heard in every important decision.