Understanding the Allocation of Parental Responsibilities in Illinois

 Posted on April 29, 2025 in Child Custody

Understanding the laws that apply to child custody, known in Illinois as the "allocation of parental responsibilities," is critical for parents who are separating or getting a divorce. Several factors can complicate the process of negotiating parental responsibilities, and each situation is unique in one way or another. A Lombard, IL child custody attorney can help you navigate child custody and protect your rights as a parent with your child’s best interest in mind.

How Does Illinois Define Child Custody?

According to Illinois law, the phrase "parental responsibilities" covers the two main components of child custody: all decision-making responsibilities, formally known as legal custody, and parenting time, previously called visitation. Decision-making obligations include all major decisions involved in raising a child:

• Where and how the child will receive an education

• Health and medical decisions for the child

• What religion the child will learn, if any

• Any extracurricular activities the child will be involved in

Parenting time specifically refers to the schedule that allocates time spent with each parent. When parents cannot agree on these custody terms, a judge will assess the situation and establish a court order.

How Are Parental Responsibilities Allocated?

There are three primary ways to allocate parental responsibilities. Shared allocation is the most common and the most ideal. In this arrangement, co-parents make decisions together and have roughly equal parenting time. Joint allocation is similar in that both parents share in decision-making obligations and cooperate over parenting time, which is not always equal. Sole allocation is less common because it gives one parent all decision-making power, while the other parent receives only parenting time. In rare situations where one parent’s ability or willingness to care for a child safely and responsibly is in serious question, the other parent can be given all decision-making authority and parenting time.

How Does the Court Determine Parental Responsibilities in Illinois?

Keeping in mind the child’s best interest, the court considers several factors when assessing each situation. If a child is older, the child’s wishes can be taken into account. The court will also review the physical and mental health of all parties, the relationship the child has with each parent, and whether there is any history of violence in the home. How a child adjusts to home and school will factor in as well, but every case is different and requires personalized assessment.

Can a Divorce or Custody Order Be Modified in Illinois?

Illinois family court recognizes that circumstances can change after an allocation of parental responsibilities has been ordered. Relocation, changes in your lifestyle, or changes in your child’s needs can all result in the need to modify a custody agreement. When these changes are best for your child, the court can adjust the parenting plan.

Contact a Plainfield, IL Child Custody Attorney Today

The court’s primary concern when determining the allocation of parental responsibilities is to ensure that every element of the order protects your child’s best interests. With over 40 years of experience, the Will County, IL parental responsibilities lawyer at The Law Offices of Robert F. Kramer, Ltd. will hold your hand through the process and ensure you understand your rights as a parent. Call 630-785-2400 to schedule a free 30-minute consult today.