How Are Parental Responsibilities Determined in Illinois?

Kane County Divorce Lawyers Explain Factors in Determining Responsibility for Children

For a divorced parent, spending time with their children and being able to make decisions that affect their day-to-day life is vital. When we meet with clients regarding child custody, we explain that as of 2016, the term “custody” has been changed to “majority parenting time” in Illinois law. Rather than referring to joint or sole custody, courts now allocate parental responsibilities between parents. These responsibilities consist of making decisions about the education, healthcare, religion, and extracurricular activities of the children.

Illinois Supreme Court rules require divorcing parents to resolve issues related to parental responsibility and formulate a parenting plan within 18 months of the divorce filing, unless there is good cause. If the parties cannot agree on a parenting schedule and how to allocate decision-making responsibility, a mediator will be appointed.

If mediation is unsuccessful, and parents are unable to reach an agreement regarding the allocation of parental responsibility, the court will assign a Guardian ad litem to investigate what is in the best interests of the children. The court may also decide to appoint a custody evaluator or psychologist to make recommendations based on interviews with both parties. Once these interviews are complete and recommendations have been made, the court will decide where the children will reside and how parenting time and parental responsibility will be allocated. Parents are also required to take a mandatory parenting class before their divorce can be completed.

Contact Our Elgin Divorce Attorneys

If you have questions about the methods courts use to determine where children will spend the majority of their time, who is responsible for decision-making, and the parenting time schedule for the non-majority parent, contact Goostree Law Group for a free initial consultation by calling 630-584-4800. We will help you understand your rights and advocate for your family's best interests throughout the divorce process. With offices in both Wheaton and St. Charles, IL, we serve clients throughout Kane County and DuPage County.

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Goostree Law Group

Goostree Law Group

 555 S. Randall Road, Suite 200
St. Charles, IL 60174


 1770 Park Street, Suite 205
Naperville IL 60563


 400 S. County Farm Road, Suite 300
Wheaton, IL 60187


Our Illinois divorce attorneys represent clients in Kane County, DuPage County, Kendall County and DeKalb County, including Geneva, Batavia, St.Charles, Wayne, Wasco, Elburn, Virgil, Lily Lake, Aurora, North Aurora, Elgin, South Elgin, Bartlett, Crystal Lake, Gilberts, Millcreek, Maple Park, Kaneville, LaFox, Yorkville, Oswego, Plano, Sugar Grove, Big Rock, Bristol, Newark, DeKalb, Sycamore, Naperville, Wheaton, West Chicago, Winfield, Warrenville, Downers Grove, Lombard, Oak Brook, Streamwood, Hoffman Estates, Barrington, South Barrington, Lake Barrington, Schaumburg, Big Grove, Boulder Hill, Bristol, Joliet, Kendall, Lisbon, Minooka, Montgomery, Plainfield, Sandwich, Yorkville and many other cities.

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