Chicago Child Custody
What is the difference between parenting time and parental responsibilities?
Illinois law generally uses the term “allocation of parental responsibilities” rather than “custody.” Parental responsibilities include both parenting time and significant decision-making responsibilities. Parenting time refers to when a child is in each parent's care, while significant decision-making responsibilities determine who has authority over major issues such as education, healthcare, religion, and extracurricular activities. Courts address these issues separately, so parents may share decision-making authority without having equal parenting time. 750 ILCS 5/602.5 and 602.7.
What is the difference between joint, sole, and divided allocation of parental responsibilities?
Illinois courts allocate significant decision-making responsibilities according to the child's best interests. These responsibilities may be shared between parents, assigned exclusively to one parent, or divided by subject matter. The court considers each parent's ability to make decisions that serve the child's needs.
Joint Allocation
Both parents share authority over designated significant decisions, such as education, healthcare, religion, or extracurricular activities. Shared decision-making generally requires parents to consult and reach agreement on those major issues. However, it does not mean that every routine daily parenting decision requires joint approval. Joint decision-making also does not require equal parenting time.
Sole Allocation
One parent has exclusive authority to make significant decisions in one or more designated categories. Courts may award sole decision-making authority when joint decision-making would not serve the child's best interests, including situations involving serious communication difficulties, lack of parental involvement, or domestic violence.
Divided Allocation
Courts may allocate different categories of decision-making authority to different parents. For example, one parent may have exclusive authority over educational decisions while both parents share healthcare decisions. This allows the allocation to reflect the child's needs and the circumstances of each family.
Courts fashion the allocation that best serves the child — not the one that feels most fair to the parents. 750 ILCS 5/602.5.
What is an allocation judgment?
An allocation judgment is the court order establishing each parent's rights and responsibilities concerning their child. It generally addresses significant decision-making responsibilities, parenting time, holidays, transportation, communication, and other parenting arrangements. Although commonly referred to as a custody order, Illinois law now uses the term allocation of parental responsibilities. Once entered, the judgment is enforceable and may be modified under certain circumstances. The legal requirements for modification depend on whether a parent seeks to change parenting time, decision-making responsibilities, or another provision of the judgment. Learn more about parenting time and parental responsibilities.
What affects the cost of a child custody lawyer in Chicago?
The cost of a parenting case depends largely on what the parents disagree about and what it takes to resolve those disagreements.
The number of disputed issues
When parents agree on parenting time and decision-making responsibilities, legal fees are generally lower. Disputes involving schedules, school choice, relocation, or safety concerns often require additional negotiation, preparation, and court involvement.
Temporary relief
If immediate orders are needed while the case is pending, additional motions, evidence, and court appearances may increase costs.
Mediation
Successful mediation can reduce litigation expenses by resolving or narrowing disagreements. In Cook County, court-ordered mediation through Family Court Services is usually available at no cost to the parties.
Guardian ad Litem or evaluations
When a Guardian ad Litem, child representative, or parenting evaluation is necessary, the case may involve additional fees, investigation, and court proceedings.
Trial
Cases that proceed to trial generally involve substantial preparation, including witness testimony, exhibits, legal arguments, and court appearances.
The quality of the final parenting plan
A clear, comprehensive parenting plan can reduce future disagreements. Ambiguous provisions may lead to additional legal fees if enforcement or modification becomes necessary.
At LaRocque Law, we focus on resolving parenting disputes efficiently while recognizing when litigation is necessary to protect a child's best interests.
Is 50/50 parenting time automatic in Illinois?
No. Illinois does not automatically award equal parenting time or presume that a 50/50 schedule is best for every child. Courts determine parenting time based on the child's best interests, considering factors such as the child's needs, school schedule, each parent's prior caretaking responsibilities, the distance between homes, transportation, and the parents' ability to cooperate. A 50/50 arrangement may be appropriate for some families, but it is not guaranteed.
What does a judge consider in a Chicago custody case?
Illinois judges make parenting decisions based on the child's best interests. The factors considered depend on whether the dispute involves parenting time or significant decision-making responsibilities. Courts may examine the child's needs, relationships with each parent, history of caretaking, adjustment to home and school, each parent's ability to cooperate, the child's wishes when appropriate, and any history of violence or abuse. The goal is to establish an arrangement that serves the child's welfare rather than either parent's preferences. 750 ILCS 5/602.5 and 602.7.
What has to be included in an Illinois parenting plan?
Illinois law requires parenting plans to address significant decision-making responsibilities, parenting time, living arrangements, the child's address for school enrollment purposes, access to school and medical records, communication between parents, transportation, notice of changes in residence, and procedures for resolving future disagreements. Parenting plans must also address several additional statutory requirements, subject to applicable exceptions. A well-drafted plan should go beyond the minimum requirements by clearly addressing holidays, vacations, exchanges, travel, and other situations that could create future disagreements. 750 ILCS 5/602.10(f).
Do parents have to go to mediation in Cook County custody cases?
Mediation is generally required in Cook County when parents disagree about the initial allocation of parental responsibilities, modification, relocation, or certain third-party visitation matters. However, the court may excuse mediation when circumstances make it inappropriate, including domestic violence or other significant safety concerns. Mediation provides an opportunity to resolve disputes without a contested hearing, but neither parent is required to reach an agreement.
Can I change my parenting time schedule after a custody order is entered?
Yes. Illinois courts can modify parenting time when changed circumstances make a modification necessary to serve the child's best interests, and parenting time is not subject to a two-year waiting period. In some situations, including minor modifications, a court may modify the plan without a showing of changed circumstances. Changes to significant decision-making responsibilities are different. A motion to modify decision-making generally cannot be filed within two years of the original order unless the court allows it based on a showing of serious endangerment. 750 ILCS 5/610.5.
Can the other parent deny parenting time because child support is late?
A parent generally should not deny court-ordered parenting time because of a child support dispute. Parenting time and child support are connected in family life, but they are separate legal obligations. If support is unpaid or parenting time is being denied, the better response is to address the violation through the proper legal process rather than creating another violation.
What if the other parent wants to move with my child?
Under Illinois law, a move is a relocation if the child's primary residence is in Cook, DuPage, Kane, Lake, McHenry, or Will County and the new Illinois residence is more than 25 miles away. In any other Illinois county, the threshold is more than 50 miles. A move out of state is a relocation if the new residence is more than 25 miles from the current one. A relocation may require advance written notice and court approval if the other parent objects. Courts decide relocation requests based on the child's best interests, including the reasons for the move, the child's relationships with both parents, and whether a reasonable parenting schedule can be maintained. 750 ILCS 5/600(g) and 609.2.
Do unmarried parents need a custody order in Illinois?
Unmarried parents can obtain court orders establishing parenting time and significant decision-making responsibilities just as married parents can. However, legal parentage may need to be established before the court can allocate those responsibilities. Even when parents get along, a written court order can help prevent future disagreements by clearly defining parenting schedules, decision-making authority, holidays, and each parent's rights and obligations.