Child Custody Decisions in Illinois

Illinois law defines parenting time as when a parent takes care of the child and has “non-significant decision-making responsibilities” for the child while the child is in their care.

When explaining the allocation of parental responsibilities, the law refers to which parent will have significant decision-making responsibility, which addresses which parent makes crucial decisions for the child regarding their education, healthcare, extracurricular activities, and religion.

What Factors will a Judge Consider When Allocating Decision-Making Responsibilities?

A judge will examine several factors about allocating significant decision-making responsibilities based on what they believe is in your child’s best interest. The judge will evaluate any factor that they believe is important to make this decision, including:

• The wishes or desires of the parents;
• The child’s wishes, taking into account the child’s maturity and ability to express their preference as to decision-making responsibilities;
• The child’s adjustment to their home, school, and community;
• The mental and physical health of all individuals involved;
• The ability of the parents to cooperate to make decisions, or the level of conflict between the parties that may impact their ability to share decision-making;
• The level of each parent’s participation in past significant decision-making concerning the child;
• Any prior agreement or course of conduct between the parents relating to decision-making concerning the child;
• The child’s needs;
• The ability of the parents to cooperate in an arrangement made, taking into account the distance between the parent’s homes, the cost and difficulty of transporting the child between homes, and the daily schedule of each parent and the child;
• Whether a “restriction” on decision-making responsibilities is appropriate;
• The willingness and ability of each parent to encourage a close and continuing relationship between the child and the other parent;
• Any physical violence or threat of physical violence by either parent against the child;
• Any acts of abuse against the child or a member of the child’s household;
• Whether or not either of the parents is a convicted sex offender, considering the exact nature of the offense and what treatment the offender has successfully participated in; and
• Any other factor that the judge deems to be relevant.

When a Judge Allocates Decision-Making Responsibilities, What Areas of The Child’s Life Does That Cover?

Unless the parents agree in writing on an allocation of significant decision-making responsibilities, the judge will award to one or both of the parents the significant decision-making responsibility for each important issue impacting the child.

Those significant issues consist of the following, according to the child custody laws:

• Education, including the choice of schools and tutors;
• Health, including all decisions relating to the medical, dental, and psychological needs of the child and the treatments arising or resulting from those needs;
• Religion, taking into account any agreement between the parents. If there is no agreement, the judge will consider evidence of the parent’s past conduct as to the child’s religious upbringing and allocate decision-making responsibilities accordingly; and
• Any involvement in extracurricular activities.

How Will a Judge Decide on Parenting Time?

A judge will decide parenting time based on what they understand is in your child’s best interest. The judge will assume that both parents are capable and will not place any restrictions on parenting time. But, if you can prove to the judge that parenting time would endanger the child’s physical, mental, moral, or emotional health, then the judge will investigate further.

Moreover, the judge will examine any factor that they conclude to be important in making the decision:

• The parents’ wishes as to parenting time;
• The child’s preference for parenting time, taking into account the child’s maturity and ability to express their preference;
• The amount of time each parent spent performing caretaking functions concerning the child in 2 years before the petition was filed for allocation of parental responsibilities or parenting time;
• Any prior agreement or behavior pattern between the parents relating to caretaking functions concerning the child;
• The relationship the child has with their parent(s), their siblings, and any other person that might significantly impact the child’s best interests;
• The child’s adjustment to their home, school, and community;
• The mental and physical health of all individuals involved;
• The child’s needs;
• The ability of the parents to cooperate in a parenting time arrangement, taking into account the distance between the parent’s homes, the cost and difficulty of transporting the child between homes, and the daily schedule of each parent and the child;
• Whether a restriction on parenting time is appropriate;
• Any physical violence or threat of physical violence by either parent against the child or a member of the child’s household;
• Any acts of abuse against the child or a member of the child’s household;
• The willingness and ability of each parent to place the needs of the child ahead of their own needs;
• The willingness and ability of each parent to encourage a close and continuing relationship between the child and the other parent;
• Whether or not either of the parents is a convicted sex offender or resides with one; and
• The judge will consider the exact nature of the offense and what treatment in which the offender has successfully participated.

Can A Child’s Relative Obtain Visitation?

The Women’s Law Organization states that the following relatives may file for visitation with a child if certain circumstances are met:

• Grandparents;
• Great-grandparents;
• Stepparents; and
• Siblings (including half-siblings and stepsiblings).

Visitation means in-person time with the child and includes electronic communication, like phone calls, emails, online chats, or video calls with the child. You may file for visitation by filing a petition in the county where the child lives. You can also file for visitation as part of a current divorce case or other case involving parental rights and responsibilities for the child, such as a custody case.

You may only file for visitation under this law if a parent has unreasonably denied visitation and the denial has caused unnecessary mental, physical, or emotional harm to the child.

What is a Mandatory Parenting Class?

The Illinois courts mandate that all divorcing parents with minor children complete a parenting class before granting a divorce. This requirement is designed to assist parents and children dealing with the trauma of divorce and separation. Unless the court grants a waiver, both parents must complete this requirement.

As of recent times, you can fulfill this requirement conveniently online at a reasonable cost. The Divorce Source recommends you take “Children in Between Online” to fulfill your court requirement and benefit your children.

What are the Restrictions Regarding Relocation?

A custodial parent who decides to relocate out of state must file a petition with the court requesting permission because both parents have the right to maintain meaningful and continuous contact with the child. The court allows relocation if it is best for the child, regardless of whether the move is necessary for the parent.

Furthermore, if a custodial parent desires to move out of the state, they must petition the court and prove that the move is in the child’s best interest and not simply due to the parent wanting to relocate. A custodial parent can move anywhere in Illinois that does not interfere with the non-custodial parent’s parenting time.

When Do I Need To Contact a Lawyer?

If you reside in Illinois and need assistance with child custody decisions, please do not hesitate to contact a Illinois child custody attorney to guide you in your case. Your attorney can provide representation for your specific legal case.