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What Are Allocation of Parental Responsibilities?

August 14, 2025

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

Disclaimer: This blog is for informational purposes only and does not constitute legal advice. If you need legal assistance, please contact the qualified attorneys at Masters Law Group. Our firm can help you handle your family law case in Illinois, including divorce, custody, and mediation services.

Family Child Abduction

September 27, 2023

The National Center for Missing and Exploited Children estimates that approximately 200,000 of the 260,000 children abducted each year are taken by a parent or other family member. Family Child Abduction is a very serious criminal offense that can have devastating effects on children and parents.

Family child abduction is illegal in every state, and it is often treated as a felony-level offense that can result in prison upon conviction. In many cases, family abductions occur in the midst of bitter divorce or child custody battles. The child may be kept beyond a court allotted visitation period or the parent may pick up the child from school or daycare without permission and not return the child. In other cases, a child may be abducted by a family member and may face physical or sexual abuse.

The Frightening Family Abduction Statistics

David Finkelhor, director of the Crimes against Children Research Center at the University of New Hampshire, led a team of researchers who sought a better estimate of the prevalence of family abduction. They used data from three waves of the National Surveys of Children’s Exposure to Violence (NatSCEV), sponsored by the U.S. Department of Justice and Centers for Disease Control and Prevention. In 2008, 2011 and 2014, the surveys asked children aged 10 to 17 years about their life experiences. Information about children aged 9 and younger was gathered from caregivers.

Some key findings:

4 percent of children in the sample had experienced family abduction and 1.2 percent had experienced it within the past year. Based on this information, the researchers estimate that 875,000 children a year – 12 per 1,000 — are either abducted by a relative.
Parents were the perpetrators in more than 90 percent of abductions. Mothers and female family members were responsible for the majority – 60 percent. However, fathers and male relatives were responsible for 64 percent of all abductions.
Children who have been abducted are more likely to be from low-income households and have separated, estranged or divorced parents. In two-parent families, an estimated nine children per 1,000 experience an abduction compared to 84 per 1,000 in single-parent households.
43 percent of abductions were reported to the police, including 86 percent of family abductions.

If you are facing a family abduction matter, call the police immediately. These cases are treated very seriously and many AMBER alerts that are issued stem from family abductions. Even where the child may not face an imminent threat of physical harm, law enforcement will treat these types of abductions as high priorities and will work to return the child to his or her parent.

International Family Abductions

International child abduction is a distressing problem that impacts numerous families worldwide. This issue has profound emotional, psychological, and legal implications for those involved. Due to the increasing ease of international travel, these cases are sadly on the rise.

But what classifies as International Parental Child Abduction? As per Travel.State.Gov, international parental child abduction is the removal or retention of a child outside their country of habitual residence in breach of another parent or guardian’s custody rights. The Office of Children’s Issues within the U.S. Department of State is a leader in U.S. government efforts to prevent international parental child abduction (both from the United States and to the United States), help children and families involved in abduction cases, and promote the objectives of the Hague Abduction Convention.

Causes and Factors of International Child Abduction

A variety of factors drive international child abduction. Child abduction often occurs after separations, divorces, or custody disputes. Let’s take a look at some additional factors that contribute to international child abduction:

Cultural and Economic Reasons: Globalization and increased international mobility have prompted some parents to return to their native countries, often taking their children. These reasons are often influenced by a desire to maintain cultural connections, be closer to extended family, or seek better economic opportunities in their home nation.
Fear of Child’s Well-being: Concerns about the child’s safety in the other parent’s environment can drive some parents to abduct their child when they believe it offers better conditions.
Parental Alienation: In some cases, one parent might feel alienated from the child due to actual or perceived biases in the custody proceedings. Parental Alienation can foster desperation, prompting the alienated parent to resort to drastic measures like abduction to regain control over the situation.
Lack of Robust Legal Framework: Different legal systems and international treaties across countries are challenging. Not all countries are part of the Hague Convention of Civil Aspects. The lack of a legal framework in certain countries creates loopholes that abducting parents might exploit. The absence of streamlined procedures for cross-border child custody disputes can complicate efforts to prevent international abduction.

To effectively tackle the underlying issues of international child abduction, it’s essential to take a thorough approach. An effective process might involve enhancing parents’ communication and establishing robust support systems. We can work together to prevent the detrimental effects of international child abduction families by addressing these factors across borders.

Preventing Child Abduction

When parents can’t agree on where a child should live, working with an attorney experienced in child abductions can help. If you think the other parent has taken your child, here’s what you can do:

Get a Court Order or Custody Decree: It’s essential to have a clear court order that outlines custody arrangements and travel restrictions. This order can help prevent unwanted travel with the child. Court orders can also address matters like passports and custody details.
Consult a Child Abduction Attorney: Talk to an attorney who knows about these situations. They can help you understand your options and might suggest getting an order that stops the child from leaving the country.
Look for Warning Signs: Watch for sudden changes in the other parent’s life, like quitting a job or selling a home. These changes could indicate plans to move. You can find more information on our Resources for Parents page.
Tell the Police and Share Court Orders: Inform the local police about the situation and give them copies of your court orders, including any custody, protection, or restraining orders you have.
Contact a Foreign Embassy or Consulate: If your child is a dual national of another country, consider contacting that country’s embassy or consulate.
Know About Travel Rules: The United States doesn’t have strict rules for children leaving the country. Even without both parents’ agreement, a child can cross borders. Without a clear court order saying otherwise, it can be challenging for law enforcement to stop an abduction.

If you believe your child has been abducted, always start by calling the police.

Work With a Child Abduction Attorney

Dealing with international child abduction situations presents significant challenges for parents and children. Seeking the assistance of a child abduction attorney is a crucial step in ensuring the safe recovery of your child.

Taking swift action is necessary if you ever face a child abduction case. In such situations, partnering with an experienced child abduction attorney is needed. Their experience becomes crucial for initiating a Hague Convention application for scaling a defense against any Hague Convention-related legal actions.

Erin Masters and Anthony Joseph are highly experienced in handling disputes related to international child abduction, particularly within the jurisdiction of the State of Illinois and the United States federal court system. Voted 2023’s Best Lawyers® in America 2023, Masters Law Group is focused on solving problems and achieving the best possible result for our clients, and more importantly, any children involved.