RJSR
Prior to January 1, 2016, custody was granted to one of the parents during a divorce or parentage proceeding. However, under the revised Illinois Marriage and Dissolution of Marriage Act (IMDMA), child custody and visitation determinations changed drastically. Not only did the verbiage of the terms change to “allocation of parental responsibilities and parenting time”, but the way the courts consider raising a child in the event of divorce was altered as well.
Previously, sole or joint custody agreements existed but now the courts are placing an importance on cooperative allocation of parental responsibilities. There are no longer custodial or non-custodial parents but rather the court is required to consider several factors in determining whether one or both parties will be awarded responsibilities in the areas of education, health care, religious upbringing and extracurricular activities. However, one parent may be considered the primary residential parent and have the majority of parental responsibility purposes, such as designating a school district and more.
Prior to the entry of an allocation judgment, the parents each are expected to propose a parenting plan outlining the significant decision-making duties each will have for the child. The plan should also include a schedule for each parent’s time with the child so that future disagreements can be overcome. If an agreement cannot be reached based on each party’s plan, a judge will decide how to allocate the parental responsibilities according to the child’s best interest.
Visitation is now referred to by statute as parenting time defining it as the time during which a parent is responsible for exercising caretaking functions and non-significant decision-making responsibilities with respect to the child. The updated laws recognize that a parent has the right to reasonable parenting time with a child regardless of his or her decision-making power. However, if one parent is considered a danger to the child, the court will impose parenting time restrictions to keep the child safe.
