Parental Responsibilities & Parenting Time in Illinois
When parents decide to divorce, their primary concern is almost always the well-being of their children. The process of determining how children will be raised post-divorce or separation can be one of the most emotionally complex parts of any family law case. At SLG Family Law, our child custody 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: A Shift in Illinois Law
You may be familiar with the terms “custody” and “visitation.” However, Illinois law has moved away from this language to better reflect the roles and duties of modern parents. The law now uses “Allocation of Parental Responsibilities” and “Parenting Time.” This change was made to reduce the feeling that one parent “wins” and the other “loses.” Instead, the focus is on cooperation and the continuing obligations both parents have to their children.
This newer framework is broken into two main parts:
- Parental Responsibilities: This refers to the authority to make significant, long-term decisions on behalf of your child.
- Parenting Time: This refers to the schedule that defines when the child is in each parent’s care.
What Are Parental Responsibilities?
Parental responsibilities encompass the major decisions that significantly influence a child’s life and upbringing. The court can allocate these decision-making powers to one parent or determine that both parents will share them jointly. These significant decisions typically involve:
- Education: Choosing schools and tutors.
- Health: Decisions about doctors, dentists, and major medical treatments.
- Religion: Guiding the child’s religious upbringing.
- Extracurricular Activities: Enrolling the child in sports, music, or other programs.
What Is Parenting Time?
Parenting time outlines the day-to-day schedule and dictates which parent is responsible for the child’s care at any given time. A comprehensive parenting schedule should include a regular residential schedule, as well as plans for holidays, school breaks, and vacations.
Creating a Parenting Plan: Your Path Forward
There are two primary ways to establish a parenting plan in Illinois.
Agreement Through Mediation or Negotiation
The ideal path is for parents to work together to create a parenting plan they both agree on. This can be achieved through direct discussions, with the help of attorneys, or through mediation. A collaborative approach allows you to maintain control over the decisions that affect your family and often leads to more durable, respectful co-parenting relationships.
The attorneys at SLG Family Law are skilled at guiding these discussions. We help you and your co-parent craft a detailed, practical parenting plan that anticipates future needs and minimizes potential conflict.
Litigation: When the Court Decides
If you and your co-parent cannot reach an agreement, the decision will be left to a judge. In these situations, the court’s sole consideration is the “best interests of the child.” A judge will evaluate numerous factors to create a parenting plan, including:
- The wishes of the parents and the child (depending on the child’s age and maturity).
- The child’s adjustment to their home, school, and community.
- The mental and physical health of all parties involved.
- Each parent’s willingness to foster a positive relationship between the child and the other parent.
- The history of each parent’s involvement in caretaking.
When litigation is necessary, you need a strong advocate in your corner. The attorneys at SLG Family Law are experienced litigators who will meticulously build your case and compellingly present your position to the court.
Why You Need an Attorney for Your Parenting Plan
A final Judgment on the Allocation of Parental Responsibilities can be difficult to modify within the first two years, so it is critical to get it right from the start. A poorly drafted plan can lead to constant conflict and confusion.
Whether you are aiming for a cooperative agreement or preparing for court, the child custody attorneys at SLG Family Law can:
- Help you draft a clear, comprehensive, and legally enforceable parenting plan.
- Identify potential long-term issues and help you plan for them.
- Represent your interests forcefully in mediation or in the courtroom.
- File all necessary legal documents with the court.
Contact Our Child Custody Attorneys Today
Let us help you lay the groundwork for a positive future for you and your children. Contact SLG Family Law today for a free initial consultation to discuss your situation with one of our experienced child custody attorneys.
FAQs About Parenting Time and Parental Responsibilities in Illinois
Why has the term "custody and visitation" changed?
Illinois updated its family law language in 2016 to better reflect modern parenting relationships. The terms “parenting time” and “parental responsibilities” replace “custody and visitation” because they focus on the child’s needs rather than treating children like property.
Can parents create a parenting agreement without going to court?
Parents can work together through mediation or collaborative law to create a parenting plan that suits their needs. These approaches allow you to maintain control over decisions affecting your family while avoiding the stress and expense of court battles. Once you reach an agreement, the court reviews and approves it, making it a legally binding document.
How much does a child's preference influence parenting time decisions?
Illinois courts consider a child’s wishes, but age and maturity matter significantly. Judges tend to give more weight to the preferences of teenagers than to those of younger children. The court assesses whether the child’s preference is based on logic rather than fleeting emotions or manipulation by a parent. Other factors, like each parent’s ability to provide stability and the child’s relationship with both parents, remain equally important.
How hard is it to get sole parental responsibilities in Illinois?
Obtaining sole parental responsibilities is challenging because Illinois courts favor shared arrangements when possible. You must clearly demonstrate that joint decision-making would harm your child’s best interests. Evidence might include domestic violence, substance abuse, neglect, or a parent’s inability to communicate effectively about the child’s needs.
What evidence should I gather to build a strong case for parenting time?
Document everything that shows your involvement in your child’s daily life. Keep records of school events you attend, medical appointments you handle, and activities you participate in together. Save text messages and emails that demonstrate communication patterns with the other parent. Gather witness statements from teachers, coaches, or family friends who can speak to your parenting abilities and your child’s well-being in your care.