In 2016 Illinois replaced the terms custody and visitation with allocation of parental responsibilities and parenting time. Most people still say custody, and the underlying questions are unchanged: who makes the important decisions for the children, and where do the children spend their time. What changed is that Illinois courts no longer award custody as a single prize. Decision-making responsibility is allocated by category — education, health, religion, and extracurricular activities — and may be assigned to one parent or shared, and parenting time is allocated separately.
Every determination is made according to the best interests of the child. The statute directs the court to consider a list of factors, including the wishes of the parents, the wishes of the child depending on maturity, the child’s adjustment to home, school, and community, the mental and physical health of everyone involved, each parent’s willingness to encourage a relationship with the other parent, any history of violence or abuse, and the level of each parent’s past involvement in caretaking. Parents are generally required to submit a proposed parenting plan, and where the parents agree, courts will usually adopt their agreement.
Parenting time is the schedule governing when each parent has the children, including the regular weekly schedule, holidays, school breaks, summer, transportation and exchanges, and communication between the children and the other parent. A well-drafted schedule anticipates the situations that generate conflict later — holiday rotation, school closings, vacations out of state — rather than leaving them to be argued about each year. Parenting time is restricted only where the court finds that a parent’s conduct would seriously endanger the child.
A parent who has been allocated the majority or an equal share of parenting time and who wishes to move a significant distance must give written notice and, if the other parent objects, obtain court approval. Illinois defines relocation by distance from the child’s current residence, with a shorter threshold for children living in Cook County and the surrounding collar counties than for the rest of the state, and a separate threshold for moves out of Illinois. Relocation cases are decided on the best interests of the child and are among the most heavily contested matters in family law.
Parents who were never married have the same rights and obligations regarding decision-making, parenting time, and support, but legal parentage must be established first — by a Voluntary Acknowledgment of Paternity, by administrative order, or by court proceeding under the Illinois Parentage Act. Until parentage is established, a father generally has no enforceable right to parenting time.
Attorney Marinov has handled contested parenting matters in Illinois courts for over twenty years, including relocation cases, modification proceedings, and cases involving allegations of abuse or endangerment. At Law Offices of Paul Marinov, P.C., we work to reach agreements that protect the children where agreement is possible, and we are fully prepared to try the case where it is not.
Not legally. Since 2016 the terms are allocation of parental responsibilities and parenting time, though most people still use the word custody and the practical issues are the same.
The best interests of the child, using a list of statutory factors including each parent’s past involvement in caretaking, the child’s adjustment to home and school, the willingness of each parent to support the child’s relationship with the other parent, and any history of abuse.
Yes. Illinois allocates decision-making by category — education, health, religion, and extracurricular activities — and each category may be assigned to one parent or shared.
No. Illinois law does not presume either parent is the better caretaker. Courts look at the actual caretaking history and the statutory best-interest factors.
There is no age at which a child decides. The court considers the child’s wishes, giving them more weight as the child matures, but the decision remains the court’s.
A written plan allocating decision-making and setting the parenting time schedule, including holidays, transportation, and communication. Parents are generally required to propose one, and courts usually adopt an agreed plan.
Not without either the other parent’s agreement or court approval, if you have the majority or an equal share of parenting time. Illinois requires written notice, and contested relocation cases are decided on the child’s best interests.
Illinois sets distance thresholds measured from the child’s current residence, with a shorter limit for Cook and the surrounding collar counties than for other Illinois counties. Because the rule turns on where the child lives, check your specific situation before making plans.
You may file to enforce the order. Remedies include make-up parenting time, a modification of the schedule, and in appropriate cases a finding of contempt and an award of attorney’s fees.
Yes. Parenting time may be modified on a substantial change in circumstances. Modification of decision-making is subject to stricter statutory limits, particularly within the first two years after the judgment.
Yes, but legal parentage must be established first, through a Voluntary Acknowledgment of Paternity or a court or administrative proceeding. Until then, an unmarried father generally cannot enforce parenting time.
Only where it finds that the parent’s conduct seriously endangers the child’s physical, mental, moral, or emotional health. Restrictions can include supervised parenting time or other conditions.
Any court papers you have been served with or have filed, recent pay stubs and tax returns for both spouses if you have them, a list of significant assets and debts, and any existing court orders or agreements.
Whenever appropriate, we offer our family law services on a flat-fee basis so that you understand the cost of representation from the outset. Please contact our office to discuss the fee for your specific matter.
