Getting a divorce is not easy, especially when children are involved, and it is important to understand the decisions you and your spouse will need to make regarding your children. Prior to 2016, Illinois still used the terms physical custody, legal custody, and visitation when dealing with divorces that involved children. After substantial reforms to the Illinois Marriage and Dissolution of Marriage Act in 2016, there are now two major components that you must address if you have children and are seeking a divorce: parental responsibilities and parenting time. These changes were made in recognition of the way parenting actually happens in families. Rather than having one parent as the sole child-rearer, the law encourages parents to share parenting time and responsibilities.
Legal Definitions of Parenting Time and Parental Responsibilities
According to the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5), there are specific definitions for both parenting time and parental responsibilities:
Parenting time refers to the time each parent spends with the child, during which they are responsible for performing caretaking functions, as well as making non-significant decisions pertaining to the child. Caretaking functions may include: