RJSR
Child custody is one of the biggest concerns for parents who separate or divorce. Where will the child live? How much time will each parent have? Who will make important decisions about school, healthcare, and other parts of the child's life?
Illinois uses different terms for custody than many parents expect. Instead of simply awarding “custody” to one parent, Illinois courts address parenting time and the allocation of parental responsibilities.
Understanding these terms can make the process easier to follow. It can also help parents prepare for a new parenting arrangement or an ongoing custody dispute.
The goal is to create an arrangement that serves the child's best interests. Parents may reach an agreement themselves. If they cannot agree, a judge may make the final decision.
Although child custody is still commonly used by parents and the general public, Illinois law generally refers to the “allocation of parental responsibilities.”
Parental responsibilities include the authority to make significant decisions for a child. These decisions can involve areas such as education, healthcare, religion, and extracurricular activities.
These responsibilities do not necessarily have to belong entirely to one parent. Depending on the circumstances, parents may share responsibility for certain decisions while one parent has responsibility for others.
Parenting time is addressed separately. Parenting time determines when the child will be in each parent’s care. A parenting schedule may establish regular weekdays and weekends as well as holidays, school breaks, vacations, and other important occasions.
This means a modern Illinois child custody arrangement involves much more than determining which parent a child will primarily live with. Parents need to consider both how time will be divided and how important decisions affecting the child will be made. Creating clear expectations in both areas can help provide stability for children while reducing potential disagreements between parents.
When determining parental responsibilities and parenting time, Illinois courts focus on the best interests of the child. There is no single parenting arrangement that works for every family. Instead, the circumstances surrounding the child and parents are considered when determining an appropriate arrangement.
Depending on the case, relevant factors may include the needs of the child, the relationship between the child and each parent, the child’s adjustment to their home, school, and community, and the parents’ ability to cooperate with one another. The court may also consider each parent’s willingness and ability to facilitate a relationship between the child and the other parent, along with other circumstances that could affect the child’s well-being.
Importantly, the goal is not necessarily to determine which parent “wins” custody. Instead, the focus is on establishing parental responsibilities and parenting time in a way that supports the child. Parents may have the opportunity to reach these decisions themselves rather than leaving them entirely to a judge.
A parenting plan is an important part of establishing a child custody arrangement in Illinois.
The plan outlines how parents will handle parenting time and other responsibilities involving their child. A detailed plan can provide both parents with clear expectations and help prevent future misunderstandings. For example, a parenting plan may establish where the child will spend weekdays and weekends, how holidays will be divided, and how transportation between households will work.
It can also address significant decision-making responsibilities involving education, healthcare, religion, and extracurricular activities.
Parents should think beyond their current schedules when developing a plan. Children’s schedules and needs can change over time. School activities, sports, vacations, work schedules, and other circumstances may all create situations that require parents to communicate and cooperate.
A parenting plan can establish procedures for handling these situations. The more clearly expectations are defined, the easier it may be for parents to navigate their responsibilities while providing consistency for their children.
Parents do not necessarily need a judge to make every decision about their parenting arrangement.
When parents can communicate and agree on major issues, they may be able to develop a parenting plan together. Attorneys or mediation may also help parents negotiate disagreements and reach an arrangement they can both accept.
Reaching an agreement can give parents greater control over the details of their parenting plan. After all, parents generally understand their child’s schedule, needs, and family routines better than anyone else. However, even cooperative parents should take the process seriously.
An informal verbal agreement may not address important issues or provide the same protections as a formal parenting plan and court order. Parents should consider how their arrangement will handle holidays, transportation, major decisions, schedule changes, travel, and future disagreements. If parents cannot agree, the court may need to decide the unresolved issues.
In a contested child custody matter, both parents may present information regarding their proposed arrangements. The court can then determine how parental responsibilities and parenting time should be allocated based on the child’s best interests.
A parenting arrangement that works today may not always work in the future.
Children grow older, parents change jobs, families move, and school or extracurricular schedules can change significantly. As circumstances evolve, parents may find that an existing parenting plan no longer meets their family’s needs.
In some situations, parents may seek to modify parenting time or other parental responsibilities. However, changing an existing court order is different from simply making an informal adjustment between parents. The legal requirements for a modification can depend on what is being changed, when the original order was entered, and why the change is being requested.
This is one reason parents should consider the long-term effects of a parenting plan before agreeing to it. If you believe your current arrangement needs to change, speaking with a family law attorney can help you understand the legal options available based on your circumstances.
Child custody can be one of the most important issues parents face during a divorce or separation. The decisions you make can affect your parenting schedule, your ability to make important decisions for your child, and your family’s day-to-day life for years to come.
Understanding Illinois law and creating a detailed parenting plan can help provide greater clarity for everyone involved.
Whether you are establishing a parenting arrangement for the first time, facing a disagreement with the other parent, or considering changes to an existing plan, you do not have to navigate the process alone.
The attorneys at RJSR Law have more than 40 years of experience helping Illinois families with divorce, parenting time, parental responsibilities, and other family law matters.
Contact RJSR today to schedule a consultation and discuss your child custody questions with an experienced Illinois family law attorney.
