Both parents have the right to make decisions for their child and to spend time with their child, and that's typically the preference of the courts. The idea is a simple one: each child and parent has the right to develop their relationship. However, the Courts look to the best interests if the minor child or children, when determining what that will look like in practice.

At Berger Law Firm, LLC, our Family Attorneys in Northern Illinois will thoroughly review your case, listen to your concerns and preferences, and outline the best course of action for you. We know you have your child's best interests at heart. To that end, we will make every effort to attain the Decision-Making and Parenting Time arrangement best for you and your child. Contact us online or at 815-234-4950 to schedule a Initial Consultation. 

Parental Responsibilities (formerly Custody) in Illinois

When two parents are no longer together, one of the most important matters to be decided is who will have manage the Parental Responsibilities for the child. In Illinois, there are two different types of Parental Responsibilities that the court must consider: Significant Decision-Making (formerly legal custody) and Parenting Time (formerly physical custody and visitation).

Decision-Making (formerly legal custody)

Day-to-Day decisions are made by the parent who has the child or children for parenting time. Significant Decisions, however, are the big, important life decisions for the child, that the Court will Allocate between the parties.

There are four basic areas that the Court considers to be "significant":  Religious upbringing, Medical Care, Education, and Extra-Curricular activities.  Other decisions may also be considered "significant" based on the circumstances.

In each of the above areas, decision-making can be shared (both parents must agree) or sole (one parent has the authority to make the decisions). Parents can only share decision-making if they can communicate constructively about their child or children.

Parenting Time (formerly Physical Custody)

Parenting time concerns when each parent will have the minor child or children with them.  A parenting schedule establishes when and where the child resides.  Physical or residential custody is no longer a designation.

Factors Courts in Illinois Consider

Allocation of Parental Responsibilities decisions are complex and are made with the best interests of the child in mind. Common factors that most courts take into account when allocating parental responsibilities include:

  • Child's Best Interests. This is the overarching principle guiding custody decisions. Courts aim to determine what arrangement will best serve the child's physical, emotional, and developmental needs.
  • Parental Fitness. Courts assess each parent's physical and mental health, including any history of substance abuse, domestic violence, or criminal activity.
  • Emotional Bond with Each Parent. The court may consider the emotional ties between each parent and the child and the ability of each parent to provide a stable and loving environment.
  • Child's Age and Developmental Needs. The age, sex, and developmental stage of the child are taken into account. Younger children may have different needs than older children, and custody arrangements may be adjusted accordingly.
  • Stability and Continuity. Courts often favor maintaining stability in the child's life. They may consider factors such as the child's school, community, and established routines.
  • Parental Cooperation. A willingness and ability of each parent to encourage and facilitate a positive and ongoing relationship between the child and the other parent may be considered.
  • Parental Capacity to Provide. The court assesses each parent's ability to provide for the child's physical, emotional, and educational needs, including factors such as housing, nutrition, and educational support.
  • Geographic Proximity. The proximity of each parent's residence to the other can be a factor. Courts may consider how easy it is for the child to maintain relationships with both parents if they live in different locations.
  • Criminal History. Any history of criminal activity, especially if it poses a risk to the child, may be taken into account.
  • Wishes of the Child. Depending on the child's age and maturity, the court may consider the child's preferences regarding custody arrangements. However, the weight given to the child's wishes varies by jurisdiction and the child's age.
  • Parental Involvement. The court may assess the level of involvement each parent has had in the child's life, including participation in school activities, healthcare decisions, and general parenting responsibilities.

These factors are not exhaustive, and the weight given to each factor can vary depending on the specific circumstances of the case and the laws of the jurisdiction involved. Additionally, child-related decisions can be influenced by the unique details of each family's situation. Ultimately, if a matter affects the child, the court will likely consider it when allocating responsibilities, even if it is not one of the factors listed above.

Our family law attorneys in Illinois will provide specific guidance based on the relevant laws in your jurisdiction.

Contact a Family Lawyer in Northern Illinois Today

If you are facing a child-related issue, make certain your rights are protected by hiring our family law lawyers in Illinois. At Berger Law Firm, LLC, we know how to handle child custody matters. Contact us today by using our online form or calling us directly at 815-234-4950 to schedule a Initial Consultation.