Parental Responsibilities and Parenting Time in Illinois Divorce

In the context of Illinois family law, child custody matters are now addressed using the terms "parental responsibilities" and "parenting time." Parenting time refers to the time each parent spends with their minor child(ren), while parental responsibilities refer to decision-making authority over significant matters in the child’s life.
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Illinois law promotes ongoing and meaningful involvement of both parents in the lives of their children after a divorce. The court treats both parents equally in determining parenting time and parental responsibilities, without preference based on gender. Parenting time is usually calculated by the number of overnights the child spends with each parent. A Parenting Plan is required in every case and must outline how parenting time is allocated, including regular schedules and special arrangements for holidays, school breaks, vacations, and other important events. Depending on the parents' level of cooperation, the Parenting Plan may be general or highly detailed. If the parents are unable to agree on a Parenting Plan, the court will apply the "best interests of the child" standard to create one.
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Parental responsibilities in Illinois include decision-making authority in four key areas: education, healthcare, religion, and extracurricular activities. These responsibilities may be shared jointly or allocated solely to one parent, depending on what the court determines is in the child's best interests. Every divorce involving children in Illinois requires a Parenting Plan that addresses both parenting time and parental responsibilities. This plan must be filed with the court and approved based on the best interests of the child.
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All parents, regardless of parenting time or decision-making authority, have a legal obligation to support their child by providing essentials such as food, housing, clothing, education, and medical care.

Relocation Restrictions

Even when both parents share parenting time, one parent is usually designated as the child’s primary residential custodian for school enrollment and legal residency purposes. Under Illinois law, a parent wishing to relocate with the child must comply with specific legal requirements. If the parent resides in Cook, DuPage, Kane, Lake, McHenry, or Will County, relocation is defined as a move more than 25 miles from the child’s current primary residence. In all other counties, a move of more than 50 miles is considered a relocation. In either case, the parent must provide written notice to the other parent and, if the move is contested, obtain court approval before relocating.

Parenting Time

The court’s primary concern when approving or establishing a parenting time schedule is the best interest of the child.
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Parenting time arrangements can vary depending on each family's circumstances and the distance between parents’ homes. Often, the court will approve a parenting time schedule based on the Parenting Plan mutually agreed upon by the parents.
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The Parenting Plan should reflect the needs of the child and the family's schedule, including weekends, holidays, and school vacations. This plan is incorporated into the Final Judgment for Dissolution of Marriage. Illinois law encourages frequent and continuing contact between children and both parents and encourages parents to collaborate in their children's best interests. Parenting Plans are often drafted to provide flexibility, allowing parents to adjust the schedule as needed to accommodate the child’s activities. The key takeaway is that both parents are expected to work together to create a plan that prioritizes the well-being of their child.
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