For Illinois parents that are no longer together or facing divorce, understanding the basics of child custody law is important. First, the term “custody” no longer exists in Illinois. The State of Illinois changed its laws regarding custody in 2016, and child custody is now officially called “allocation of parental responsibilities”.
Allocation of Parental Responsibilities The allocation of parental responsibilities has two (2) components. The first component sets forth the schedule of when the child/children are with one parent and when they are with the other parent. This is also called parenting time. There can be equal or shared parenting time, which is measured by how many overnights each parent has with the child/children. If both parents have over 146 overnights per year with the minor child/children, then they have equal or shared parenting time. If only one parent has over 146 overnights with the minor child/children, then that parent is designated as the parent with the majority of parenting time, and their residence is where the minor child/children reside. Decision-Making for the Children The other component of the allocation of parental responsibilities is decision-making for the minor child/children, which deals with 4 separate areas:
When Parents Disagree on Parenting Time If both parents are unable to agree on a parenting time schedule and how decisions will be made for the minor child/children, then the Court must decide what is in the best interest of the minor child/children by weighing and analyzing several factors that are outlined in the statute. For allocation of decision-making, this is governed under section 750 ILCS 5/602.5 of the Illinois Marriage and Dissolution of Marriage Act. The factors an Illinois Court will review in determining which parent should have sole decision making, or if the parents should make these decisions together are as follows:
Illinois Parenting Time Law The statute regarding parenting time is set forth in 750 ILCS 5/602.5 of the Illinois Marriage and Dissolution of Marriage Act. The factors the Court must review to determine which parent should have the majority of parenting time, or if the parenting time should be shared equally, are similar to those to be considered when determining decision-making but vary slightly. The factors the Court is required to review to determine what is in the best interest of the child/children regarding the parenting time schedule are as follows:
Seek Legal Advice from a Chicago Family Law Attorney If you have questions about Illinois child custody - the allocation of parental responsibilities - and the different options available, be sure to reach out to an experienced Chicago family law attorney for assistance. THIS ARTICLE WAS PREVIOUSLY PUBLISHED AT: https://illinoislawforyou.com/blog/understanding-the-basics-of-illinois-child-custody-law/
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