Going through a divorce can be difficult and emotionally draining, and the situation can be even more complex when children are involved. 

Illinois law refers to “custody” as the allocation of parental responsibilities, which includes both decision-making authority and parenting time (formerly known as “visitation”). Instead of simply determining who the child lives with, the courts focus on allocating responsibilities for major decisions regarding the child’s education, healthcare, extracurricular activities, and religious upbringing.

For parents in the Prairie State navigating these turbulent waters, it’s crucial to have a clear understanding of the state’s laws and procedures. This comprehensive guide will explore the key aspects of custody, visitation, and parental rights in Illinois, providing valuable insights for those facing family law challenges.

In the Best Interests of the Child

Per the Illinois Marriage and Dissolution of Marriage Act, which went into effect on January 1, 2016, the courts no longer award “custody” or “visitation,” instead determining the allocation of parental responsibilities, including decision-making and parenting time, to ensure the safety and well-being of the child or children involved.

There are two primary forms of parental responsibility under the IMDMA:

Sole parental responsibility: One parent is granted the authority to make all major decisions for the child. This does not necessarily mean the other parent is excluded from the child’s life, but rather that they do not share in the decision-making process. Sole custody is rarely granted in Illinois because the state prefers children to have a relationship with both parents. 

Joint parental responsibility: Both parents share the responsibility of making major decisions regarding the child. This arrangement requires cooperation and communication between both parties to ensure the child’s best interests are met.

All parents, within 120 days after service or filing of any petition for allocation of parental responsibilities, must file with the court, either jointly or separately, a proposed parenting plan. This is a legally binding document that outlines how parents will share responsibilities for their children after a separation or divorce. Your parenting plan must include:

  • Parental contact and employment information.
  • How parental responsibilities and life choices for your child will be shared.
  • A detailed schedule of parenting time during the school year, school breaks, and holidays.
  • Transportation, exchange, and childcare arrangements.
  • Electronic communication guidelines.
  • How to proceed if one or both parents want to relocate.
  • What to do in emergencies.
  • The child’s main custodian and residential address for school purposes.
  • The procedure for changing the plan or resolving disagreements.

Once your parenting plan has been submitted, and if it is submitted by agreement,  the agreement is considered binding unless the court finds, after considering the circumstances of the parties and any other relevant evidence produced by the parties, that the agreement is not in the best interests of the child (750 ILCS 5/602.10(d). 

The court must provide a reason or reasons for its refusal to approve the plan and may conduct an evidentiary hearing to determine whether the parenting plan is in the child’s best interests.

A Journey Through Time

In Illinois, the term “visitation” has been replaced with “parenting time” to emphasize the importance of both parents’ involvement in their child’s life and create a less adversarial environment. 

Non-custodial parents are generally entitled to reasonable parenting time unless the court determines that it would seriously endanger the child’s physical, mental, moral, or emotional health.

If the parties cannot agree on an equitable division of parenting time, the court will intervene and establish a parenting time schedule based on the wishes of the child, the relationship between the child and each parent, the physical and mental health of all involved, family history of domestic violence and abuse, and other factors.

A common solution is the 3-4-4-3 (sometimes noted as 3-3-4-4) schedule. This alternating arrangement allows each parent to enjoy meaningful time with the child and ensures a strong relationship is maintained on both sides of the family. One parent has the child for three days, and the other parent has them for four days, alternating weekly.

Open communication and flexibility are key to successful co-parenting. Life changes such as moving to a new city, changes in a parent’s work schedule, or significant changes in a child’s needs may necessitate temporary or permanent changes to the parenting plan. 

Either parent can petition the court for a modification if they can show that the change is in the child’s best interest. However, courts tend to favor stability, and major changes to the schedule are not easily granted without justification.

If mediation is needed, Illinois Supreme Court Rule 923(a)(3) establishes a confidential process where a neutral and highly trained third party will work with both parties to try and resolve the dispute.

Know Your Rights

Parental rights in Illinois are grounded in the idea that both parents should have a role in the upbringing of their child. Research shows that kids with divorced parents have an increased risk for child and adolescent adjustment problems, including academic difficulties, disruptive behaviors, and anxiety. Demonstrating a healthy example of problem-solving and cooperation can help children adjust more quickly to a new paradigm.

However, parental rights can also be limited or terminated under certain circumstances, such as in cases of abuse, neglect, or abandonment. 

Loving step-parents, grandparents, and adoptive parents can be a powerfully beneficial force for good in a young person’s life. While biological parent(s) have the sole initial legal responsibility according to the law, parental rights can be obtained in certain scenarios.

If you’re concerned that your parental rights are being infringed upon, or your child or children are in an unsafe environment, you must take immediate steps to protect your interests and those of your family. If prompt legal intervention is needed, our compassionate and experienced advocates are here to help. 

Don’t go through life’s most difficult transitions alone. Having an experienced family law attorney on your side is essential for ensuring you can look forward with confidence — reach out to us today!