How Are Parenting Time and Decision-Making Decided in Illinois?

The Short Answer

It depends on the child and the family’s circumstances. Illinois law uses the term “allocation of parental responsibilities,” which includes parenting time and significant decision-making. Parents can reach an agreement in a written parenting plan, subject to court approval. If they do not agree, the court decides these issues using statutory best-interest factors.

What Is Parenting Time?

Parenting time refers generally to the periods when a parent is responsible for the child’s care. If the parents do not have an approved agreement, the court allocates parenting time according to the child’s best interests.

What Is Significant Decision-Making?

Illinois law separately addresses responsibility for significant decisions affecting the child. These can include education, health care, religion, and extracurricular activities. Responsibility can be allocated to one parent or shared, depending on the circumstances and the child’s best interests.

What Does “Best Interests of the Child” Mean?

The statute lists multiple factors rather than one controlling test. Depending on the issue, the court can consider the child’s needs and adjustment, prior caretaking, the parents’ wishes, the child’s wishes when appropriate, the distance between homes, schedules, cooperation, safety concerns, and other relevant circumstances.

Do Parents Have to Use a Parenting Plan?

Illinois family cases involving parental responsibilities generally use a written parenting plan addressing parenting time and decision-making. Parents may agree on a plan, or the court may resolve disputed provisions when agreement is not possible.

Does Parenting Time Have to Be 50/50?

No single percentage or schedule applies automatically to every family. The appropriate arrangement depends on the statutory best-interest analysis and the facts of the case.

Can Parenting Arrangements Change Later?

Sometimes. Illinois law permits modification of parenting arrangements in certain circumstances, but the requirements depend on what is being changed, the existing order, timing, and the reasons for the requested change.

Bottom Line

Parenting time and significant decision-making are fact-specific issues. The statute provides a framework, but the parenting history, child’s needs, schedules, safety issues, existing orders, and proposed plan can change the analysis. A qualified Illinois family-law attorney can review the specific circumstances and court documents involved.