Since 2016, Illinois has used the term “allocation of parental responsibilities” instead of “child custody.” The name reflects that parenting after a divorce or separation is a shared responsibility, not just a determination of who gets to keep the kids. Each parent must fulfill his or her assigned responsibilities when the children are with him or her. If one parent is incapable or unwilling to assume those responsibilities, then a court may give sole responsibility to the other parent.
Caretaking Functions
Illinois’ Marriage and Dissolution of Marriage Act has a list of parental responsibilities, which it calls “caretaking functions.” There are eight functions that parents are expected to provide for their children during their parenting time:
- Attending to a child’s nutrition, health, safety, and hygiene;
- Guiding a child through his or her maturation, such as developing motor and language skills;
- Teaching proper behavior and providing discipline;
- Ensuring that a child receives an education;
- Helping a child develop interpersonal skills;
- Taking a child to medical appointments;
- Instilling a sense of morality in the child; and
- Arranging for others to take care of the child when the parent is not available.
The caretaking functions do not include “significant decisions” related to the children’s education, health, religious beliefs, or extracurricular activities. Parents can make routine decisions when they have the children but must discuss major decisions with their co-parent unless it is an emergency situation.