Parental Responsibilities And Parenting Time Under Illinois Divorce Law
When a parent meets with me in my Schaumburg office for the first time, they often feel anxious about how their divorce will affect their children. It is normal to worry about decision-making rights, weekly schedules, school routines, and long-term stability. Illinois law aims to protect a child’s well-being during divorce, but the terminology and legal requirements can feel unfamiliar.
That is why I make sure every client understands how parental responsibilities and parenting time are determined and what the court expects from each parent. These decisions have lasting effects on your relationship with your child, so having a clear understanding of the process is essential.
Illinois no longer uses the terms “custody” or “visitation.” Instead, the law focuses on dividing parental responsibilities, which include decision-making authority, and parenting time, which determines when each parent is physically with the child. These issues fall under the Illinois Marriage and Dissolution of Marriage Act. Both parents may share responsibilities, or one parent may have the majority, depending on what supports the child’s best interests. As your attorney, my role is to help you show the court that your proposed plan supports your child emotionally, physically, and developmentally.
Decision-Making Responsibilities Under 750 ILCS 5/602.5
Decision-making responsibilities refer to who has the authority to make major decisions in a child’s life. Under 750 ILCS 5/602.5, the court may allocate authority for four primary categories:
- Education – Where the child attends school and how educational issues are handled.
- Health Care – Medical, dental, psychological, and other health-related decisions.
- Religion – Participation in religious upbringing or practices.
- Extracurricular Activities – Sports, arts, clubs, and enrichment programs.
Parents may share responsibility for all categories, split them, or one parent may receive sole authority when appropriate. When I prepare a Parenting Plan, I evaluate communication patterns, past involvement, and each parent’s ability to make informed decisions. Courts want to see parents cooperate, but when conflict is severe, the court may decide that shared decision-making is not realistic.
Your conduct during the divorce can influence the court’s decision. If one parent excludes the other from decisions, refuses to communicate, or acts in a way that harms the child’s emotional stability, the court may allocate fewer responsibilities to that parent.
Parenting Time Under 750 ILCS 5/602.7
Parenting time is addressed in 750 ILCS 5/602.7, which directs the court to consider the child’s best interests when creating a time-sharing schedule. Parenting time is not about rewarding or punishing either parent. It is about ensuring that your child maintains strong, stable relationships with both parents whenever it is safe and appropriate.
Parenting time schedules must be detailed. Courts typically want clarity on:
- Weekday and weekend schedules
- Holiday rotations
- School breaks
- Summer schedules
- Transportation responsibilities
- Exchange locations
- Communication expectations
- Virtual parenting time when applicable
In most cases, the courts support meaningful time with both parents. However, if a parent has a history of abuse, neglect, substance misuse, or dangerous conduct, the court can restrict or supervise parenting time under 750 ILCS 5/603.10.
When I create proposals with clients, I always consider work schedules, childcare needs, distance between homes, and the child’s routines. The goal is to build a plan that works smoothly in everyday life, and not just on paper.
How Illinois Courts Determine The “Best Interests Of The Child”
The “best interests” standard is central to every parenting case. Under 750 ILCS 5/602.7(b), the court considers a wide range of factors, including:
- The child’s needs and adjustment
- Each parent’s involvement in daily caretaking
- The willingness of each parent to foster a positive relationship with the other
- Past conduct, including any history of violence
- The distance between each parent’s residence
- The child’s wishes, depending on maturity
- Health of all parties
These factors allow the court to see the full picture of family life. Your parenting history matters. Judges look at who handled bedtime, medical appointments, school schedules, discipline, and extracurricular activities before the separation. I always advise clients to stay consistent, calm, and child-focused throughout the divorce process.
Creating A Parenting Plan Under Illinois Law
Illinois requires parents to file a Parenting Plan within 120 days of starting a divorce case. Your plan must address both decision-making responsibilities and parenting time. If parents cannot agree, the court will issue its own allocation judgment after a hearing.
A strong Parenting Plan should address:
- Daily schedules
- Transportation
- Health care arrangements
- School decisions
- Dispute-resolution methods
- Safety restrictions if needed
- Communication rules for the child and parents
As your attorney, I help you prepare a Parenting Plan that reflects your child’s needs and protects your parental rights. When disagreements arise, I gather evidence, prepare witnesses, and present arguments that support your position under Illinois law.
Modifying Parenting Time Or Responsibilities
Life changes, and Illinois law allows parents to request modifications under certain conditions. Under 750 ILCS 5/610.5, a parent may seek modification if:
- There has been a substantial change in circumstances, or
- Two years have passed since the last order, and modification is in the child’s best interests.
Examples of qualifying changes include relocation, major work schedule changes, safety concerns, or a parent’s inability to follow the existing plan.
If your situation has changed, I can help you review your options and determine whether the court is likely to grant a modification.
Protect Your Parental Rights With The Law Office Of Fedor Kozlov
Issues involving parental responsibilities and parenting time require skilled legal guidance. If you are facing divorce in Schaumburg or anywhere in the Chicago area, I encourage you to contact the Law Office of Fedor Kozlov to discuss your situation. Our firm understands the emotional and legal challenges that come with building a Parenting Plan, protecting your rights, and ensuring your child’s long-term well-being.
To schedule a consultation, call our Chicago divorce lawyer at the Law Office of Fedor Kozlov at (847) 241-1299. We represent clients in Schaumburg and throughout Chicago, Illinois, and we are committed to helping parents secure fair, child-focused solutions during divorce.
