In 2016, Illinois did away with the term “custody” and replaced it with “allocation of parental responsibilities.” Essentially, what this means is that the state took all of the parental responsibility issues commonly dealt with in a child custody case, and assigned responsibility to either or both parents.
According to the statute, the court considers parental responsibility to include two factors:
- Decision-making responsibilities; and
- Parenting time
As it relates to decision making responsibilities, the court separates them into four major areas of a child’s life:
- Extracurricular activities
In determining who gets to make the decisions for the child, the court will do what it thinks is in the best interest of the child. There are 15 specific factors considered by the court. I won’t state all of them now, but some include:
- The wishes of the child,
- The wishes of the parents;
- The child’s needs;
With respect to parenting time, the court will also do what is in the best interest of the child. However, in addition to the factors used to determine parental responsibilities, the courts also consider three more factors in determining parenting time:
- The amount of time each parent has spent taking care of the child over the past two years;
- The relationship of the child with his or her parents or siblings or anyone else who may affect the child’s best interests; and
- Whether a restriction on parenting time is appropriate.
Allocation of Parental Responsibilities is the new custody. When dealing with these issues through the courts, you need attorneys who can explain the process and help you make good decisions for your family. To get more information, please contact The Evans Williams Law Group to set up a consultation.
Cathe Evans Williams