Allocation Of Parenting Time & Responsibility Explained | Illinois Child Custody

Allocation Of Parenting Time & Responsibility Explained | Illinois Child Custody

Video by Attorney Kevin O'Flaherty
Article written by Illinois & Iowa Attorney Kevin O'Flaherty
Updated on
November 1, 2019

For the first time since 1972, major revisions to the Illinois Marriage and Dissolution of Marriage Act (“IMDMA”) came into effect in 2016. One of the most significant of these revisions was in terms of how the Courts view child custody of minor children. A parent no longer has “custody” over a child, they now exert “parenting time” and “decision making authority” over the child.

‍In evaluating “parenting time” the Court is simply trying to determine how best to allocate the amount of time the children are with each respective parent. There is no set parenting schedule the Courts use to determine this (a parenting schedule may be most appropriate for one family may not be appropriate for the next family). The Courts take into consideration several factors in deciding how to arrive at the most appropriate schedule for each specific family. Some of the factors the Courts consider are:

  • How far apart do the parents live from one another?
  • What school will the children be attending?
  • How long have they attended this school?
  • What is each parent’s respective work schedule?
  • Are the parties likely to require daycare or after school care for the children?
  • What extracurricular activities are the children involved in?

“Decision making authority” is much simpler to ascertain. It is based on four (4) major aspects of the child’s life that the parents must come to some agreement on. The four (4) decisions are comprised of:

  • Extracurricular activities;
  • Religion;
  • Education; and
  • Medical care

As a general rule, it is presumed both parents are equally capable of making decisions and shall decide issues that arise under one of these four (4) major areas together. It is most common for parents to evenly share responsibility for determining these decisions, however that is largely dependent on how well the parents communicate and get along. If one parent feels they are significantly more capable of making decisions than the other parent, they can petition the Court for greater decision making authority. However, the Court is unlikely to rule on this without having a hearing and affording both sides an opportunity to present their arguments.

Additional Financial Considerations
from Financial Experts

From Financial Experts

For many years, financial institutions have been creating a disservice to clients and the industry as a whole for years.
View More Professional Considerations

Presented By O'Flaherty Law

O'Flaherty Law is happy to meet with you by phone or at our offices in Davenport Iowa, or our locations in Illinois including Chicago, Downers Grove, Elmhurst, Naperville, St. Charles, Lake in the Hills and Tinley Park.

What to Expect From a Consultation

The purpose of a free consultation is to determine whether our firm is a good fit for your legal needs. Although we often discuss expected results and costs, our attorneys do not give legal advice unless and until you choose to retain us. Although most consultations are complimentary, some may carry a charge depending on the type of matter and meeting location.

Leave a Comment With Your Questions

Read more about

Illinois Child Custody Law Videos

Disclaimer: Our articles and comment responses do not constitute legal advice and are not intended to create an attorney-client relationship.

Please contact us to schedule a free consultation for legal advice specific to your situation.

Here are some articles that may interest you

Contact us for a Free Consultation

Who We Are
We are your community law firm. Our Illinois & Iowa Attorneys are committed to providing exceptional client service in a cost-effective manner in the areas of Family Law, Probate, Estate Planning, Civil Litigation, Guardianship, Criminal Defense, Corporate & Contract Law, Bankruptcy and Real Estate.
Schedule a free consultation

Some of Our Accomplishments

Best Child Support Lawyers in Chicago
DuPage County Probate Attorney
Kevin P. O'Flaherty
Rated by Super Lawyers


loading ...
Naperville attorney
DuPage County Probate Attorney
Business Articles & Podcasts

Subscribe to our mailing list

* indicates required