Allocation of Parental Responsibilities formerly known as Custody and Visitation
In 2016, Illinois overhauled the laws pertaining to child custody. Parental Responsibilities include both parenting time and significant decision-making. I will focus on significant decision-making in this post. 750 ILCS 5/602.5 is the relevant law.
Four Main Decisions
There are four main decisions that need to be allocated to one or both parents. These are Health, Education, Religion and Extracurricular Activities. Unlike the previous law, it is not an all or nothing situation. For Example, parents can agree or the court can order that the parents make joint education decisions, but Dad makes the religious decisions. Some of the ideas behind these changes to the laws are that parents should be on more equal footing legally. The hope is that the changes make custody cases less contentious and in turn easier for families.
Best Interests of the Child
One important thing that has not changed. The court still bases its decision on what is in the best interests of the child. The statute contains a list of several factors the court should consider as well as a catch-all for any factor the court finds relevant. Some of the most commonly used factors are the child’s adjustment to school and community, child’s wishes, distance between parents, and parents’ ability to co-parent. A parent’s conduct that is not related to his/her relationship with the child should not be considered.
Emergencies
The parent who has the care of the child at the time of an emergency can make the needed decisions. He/She should inform and involve the other parent as soon as possible.
Contact us if you are facing a divorce where custody will be an issue or you need representation in a custody case for unmarried parents. We have the knowledge and experience to vigorously fight for you.
Content contained on this site is for informational purposes only and should not be considered legal advice. You should consult an attorney of your choosing to discuss your particular case and to obtain legal advice specific to your situation.
