What Are Allocation of Parental Responsibilities?
Understanding Custody in Illinois and How Masters Law Group Can Help
When parents decide to separate or divorce, one of the most important and emotionally charged issues is determining how to continue caring for their children. In Illinois, what many still refer to as “custody” is now legally called the allocation of parental responsibilities. This modern framework was created to reflect a more balanced, cooperative approach to co-parenting that prioritizes the child’s best interests.
In this blog, we’ll explore what allocation of parental responsibilities entails, how it differs from old custody laws, the decision-making process, parenting time, and how the courts determine what’s best for your child.
Understanding the Shift from Custody to Allocation of Parental Responsibilities
In 2016, Illinois revamped its custody laws under the Illinois Marriage and Dissolution of Marriage Act (IMDMA). The term “custody” was replaced with “allocation of parental responsibilities” to better reflect how parenting responsibilities are shared between two parents post-divorce or separation.
Rather than labeling one parent as having “sole custody” or “joint custody,” the law now breaks parenting down into two distinct components:
- Decision-making responsibilities
- Parenting time (formerly known as visitation)
This change is designed to reduce conflict, encourage cooperation, and focus on the child’s well-being above all else.
What Are Parental Responsibilities?
1. Decision-Making Responsibilities
Decision-making responsibilities refer to a parent’s authority to make important long-term decisions about the child’s life. These typically fall into four major categories:
- Education: Where the child goes to school and decisions about tutoring, special needs services, or academic support.
- Healthcare: Choosing medical providers, treatments, and making medical decisions.
- Religion: Determining what religious practices the child will follow.
- Extracurricular Activities: Choosing involvement in sports, clubs, camps, or artistic pursuits.
Courts can allocate these responsibilities to one parent (sole decision-making) or require the parents to share them (joint decision-making). For example, one parent may be responsible for education and religion, while the other handles healthcare and extracurriculars.
2. Parenting Time
Parenting time refers to the schedule and logistics of when the child spends time with each parent. This includes:
- Weekday and weekend schedules
- Holidays and school breaks
- Vacations
- Transportation and exchanges
- Communication expectations between the child and the other parent during parenting time
Parenting time can be equal or skewed depending on various factors. The ultimate goal is to create a consistent and stable routine that supports the child’s emotional and developmental needs.
How Is Allocation Determined?
When parents cannot agree on how responsibilities should be divided, the court will intervene. Judges rely heavily on the best interests of the child standard, which takes into account a variety of factors, including:
- The wishes of the parents and the child (depending on the child’s age and maturity)
- The child’s relationship with each parent
- The mental and physical health of everyone involved
- Each parent’s ability to cooperate and facilitate a close relationship between the child and the other parent
- The child’s adjustment to their home, school, and community
- Any history of domestic violence or substance abuse
The court may also appoint a guardian ad litem (GAL) to represent the child’s interests and provide a recommendation to the court.
Can Parental Responsibilities Be Modified?
Yes. Life changes, and so can parenting plans. If there is a significant change in circumstances (such as a job relocation, change in the child’s needs, or a parent’s remarriage), either parent can request a modification of the parenting plan.
However, unless it’s an emergency, courts generally require a waiting period (usually two years from the original order) before considering modifications to decision-making responsibilities. Modifications to parenting time may be requested at any time if they are in the child’s best interest.
What Happens When Parents Agree vs. Disagree?
When Parents Agree: Parenting Plans
If both parents are able to reach an agreement, they can submit a Joint Parenting Plan (also called a Parenting Allocation Judgment) to the court for approval. This plan outlines who is responsible for each category of decision-making, the parenting time schedule, and any necessary logistical arrangements.
Courts generally approve these plans unless they are deemed contrary to the child’s best interest.
When Parents Disagree: Contested Proceedings
If parents cannot agree, the case becomes contested, and the court will hold hearings to determine how responsibilities should be allocated. These proceedings can be lengthy, stressful, and costly, which is why many parents turn to mediation before involving the courts.
Mediation can provide a more amicable and efficient path to resolution, especially when facilitated by experienced family law professionals.
The Importance of a Well-Constructed Parenting Plan
A parenting plan is more than just a schedule; it’s a legally binding document that outlines expectations, boundaries, and responsibilities. A clear, detailed plan can help prevent future disputes and provide stability for both the child and parents.
A strong parenting plan includes:
- Specific parenting time schedules
- Decision-making roles for each parent
- Guidelines for communication and information sharing
- Conflict resolution mechanisms
- Provisions for relocation or travel
- Clauses for future modifications
Why You Need an Experienced Family Law Attorney
Navigating the allocation of parental responsibilities can be daunting, especially when emotions run high and your child’s future is at stake. That’s why it’s essential to have a skilled family law attorney by your side.
At Masters Law Group, we help clients throughout Chicagoland manage this critical aspect of divorce and custody proceedings with:
- Compassionate representation: We understand the emotional toll these decisions can take and prioritize your child’s needs at every step.
- Comprehensive legal knowledge: Our team is deeply familiar with Illinois family law and the nuances of the updated IMDMA.
- Creative problem-solving: Whether through negotiation, mediation, or litigation, we work tirelessly to reach solutions that benefit our clients and their children.
- Strong advocacy in court: If your case requires litigation, we’re prepared to advocate fiercely on your behalf to protect your parental rights.
Special Considerations in Parental Responsibility Cases
High-Conflict Situations
In cases where parents have a history of conflict or domestic violence, courts may allocate responsibilities very differently to protect the child. Supervised parenting time, protective orders, or restricted decision-making power are potential outcomes.
Relocation Cases
If one parent wants to move a significant distance (usually more than 25 miles in Illinois), they must request court approval. This often leads to a re-evaluation of the parenting schedule and decision-making responsibilities.
Unmarried Parents
Parental responsibilities also apply to parents who were never married. In such cases, establishing paternity is the first step before rights and responsibilities can be determined by the court.
Common Questions About Allocation of Parental Responsibilities
1. Is joint decision-making always the default?
No. While courts prefer both parents to be involved, decision-making responsibilities are based on the child’s best interests. If cooperation is impossible or one parent is unfit, the court may allocate responsibilities solely to one parent.
2. Can my child decide which parent to live with?
A child’s wishes may be considered depending on their age and maturity, but the final decision is made by the court with the child’s best interests in mind.
3. Do I need to go to court to change my parenting plan?
If both parents agree to a change, it can be submitted to the court for approval without a hearing. If there is a disagreement, court intervention will be required.
Let Masters Law Group Help You Protect What Matters Most
At Masters Law Group, we know that nothing is more important than your child’s well-being. Whether you’re seeking an initial parenting plan, modifying an existing agreement, or dealing with a complex custody dispute, we’re here to support you.
Our family law attorneys will help you:
- Understand your rights and responsibilities under Illinois law
- Create a fair and detailed parenting plan
- Negotiate and mediate disputes with clarity and compassion
- Litigate aggressively when necessary to protect your parental rights
Final Thoughts
The allocation of parental responsibilities is one of the most crucial parts of any family law case involving children. It shapes your child’s daily life and future, and your relationship with them. At Masters Law Group, we’re committed to helping parents make informed decisions and achieve outcomes that serve their child’s best interests.
If you’re facing a divorce, separation, or parenting dispute in Illinois, don’t navigate this challenging time alone. Contact Masters Law Group today to schedule a consultation and learn how we can help protect your family’s future.
Contact Us:
📍 Chicago Office: 30 W. Monroe St., Suite 1600, Chicago, IL 60603
📞 Phone: (312) 609-1700
🌐 www.masters-lawgroup.com
