Allocation of Parental Responsibilities in Illinois

Illinois eliminated the terms “custody” and “visitation” from its family law statutes in 2016. Under the revised Illinois Marriage and Dissolution of Marriage Act (IMDMA), what was once called custody is now the “allocation of parental responsibilities.” This change was not merely cosmetic. It restructured how Illinois courts divide decision-making authority and physical time between parents, replacing a winner-take-all custody framework with a more nuanced, factor-driven allocation.

If you are going through a divorce or parentage action in Illinois, understanding how parental responsibilities work under Sections 602.5 and 602.7 of the IMDMA (750 ILCS 5/602.5 and 602.7) is essential. This article explains the two components of parental responsibilities, the best interest factors courts apply, parenting plan requirements, and the roles of guardians ad litem and child representatives.

The Two Components of Parental Responsibilities

The allocation of parental responsibilities in Illinois has two distinct parts:

Significant Decision-Making Responsibility (750 ILCS 5/602.5)

Significant decision-making responsibility covers major life decisions for the child in four specific areas:

• Education — school selection, tutoring, special education services, and related decisions
• Health — medical, dental, and mental health treatment, including non-emergency procedures and therapy
• Religion — religious upbringing, instruction, and participation
• Extracurricular activities — organized sports, lessons, clubs, and similar activities

The court can allocate each of these four categories independently. One parent might receive sole authority over education and health decisions while the other receives authority over religious upbringing. Alternatively, the court can allocate all four areas to one parent or require joint decision-making in some or all areas.

Joint decision-making means both parents must agree before a decision is made. If they cannot agree, the parenting plan should include a dispute resolution mechanism — typically mediation — before either parent returns to court.

Parenting Time (750 ILCS 5/602.7)

Parenting time determines the schedule for when each parent has physical care of the child. This replaces what was formerly called “visitation.” The court allocates parenting time based on the child’s best interests, considering factors such as each parent’s prior caretaking involvement, the child’s adjustment to home and school, and the practical implications of the parents’ geographic proximity.

For a detailed discussion of parenting time schedules in Illinois, see our article on parenting time schedules in Illinois.

Why Illinois Eliminated “Custody”

Before 2016, Illinois used traditional custody terminology — sole custody, joint custody, and visitation. The reform was driven by several concerns:

Reducing conflict. The custody framework framed parenting as a competition where one parent “won” custody and the other received lesser “visitation.” The new terminology emphasizes that both parents have responsibilities, not that one parent is the custodian and the other a visitor.

Better serving children’s interests. By separating decision-making from physical time, the court can craft arrangements that reflect the reality of each family rather than forcing cases into a sole-custody or joint-custody box.

Aligning with modern family law trends. Illinois joined a growing number of states moving away from custody/visitation language. The reform reflected decades of research on the importance of both parents remaining meaningfully involved in children’s lives after separation.

Encouraging parenting plans. The revised law places greater emphasis on detailed parenting plans that spell out each parent’s responsibilities, schedules, and dispute resolution methods — reducing the need for future court intervention.

Best Interest Factors

Both significant decision-making and parenting time are allocated based on the child’s best interests. Illinois law lists specific factors for each.

Factors for Significant Decision-Making (Section 602.5)

When allocating decision-making responsibility, the court considers:

• The wishes of the child, accounting for maturity and ability to express reasoned preferences
• The child’s needs
• Each parent’s wishes
• The child’s adjustment to home, school, and community
• The mental and physical health of all individuals involved
• Each parent’s willingness to facilitate a close and continuing relationship between the child and the other parent
• Each parent’s participation in past significant decision-making regarding the child
• Any prior agreement between the parents
• The distance between the parents’ residences and its practical effect on decision-making
• Whether a restriction is appropriate under Section 603.10

Factors for Parenting Time (Section 602.7)

The parenting time factors include all of the above plus several additional considerations:

• The amount of time each parent spent performing caretaking functions in the 24 months prior to the filing, or since the child’s birth if the child is under two
• Any prior agreement or course of conduct regarding caretaking
• The child’s needs for stability and continuity in relationships with both parents, siblings, and other significant persons
• The physical distance between the parents’ homes and the practical effect on parenting time
• Whether a parent has been convicted of certain offenses, including sex offenses and domestic violence

The court may not consider conduct of a parent that does not affect the parent’s relationship with the child.

Parenting Plan Requirements

Illinois requires each parent to file a proposed parenting plan within 120 days after the other parent is served with the petition. The parenting plan must include:

1. An allocation of significant decision-making responsibilities — specifying which parent has authority in each of the four areas, or whether decision-making is joint
2. A parenting time schedule — covering regular weekdays and weekends, holidays, school breaks, summer vacation, and special occasions
3. A transportation arrangement — who provides transportation for exchanges and where exchanges occur
4. A dispute resolution method — how parents will resolve disagreements before going to court, typically mediation
5. Communication guidelines — how the parents will communicate with each other and how each will communicate with the child during the other’s parenting time
6. Right of first refusal — whether and how the right of first refusal will apply
7. Provisions regarding future relocation — acknowledging the notice requirements under Section 609.2

If both parents agree on a parenting plan, the court will generally approve it, provided it serves the child’s best interests. If the parents cannot agree, the court will decide each issue after an evidentiary hearing.

For background on how parenting plans work across all states, see our national guide on creating a parenting plan.

The Role of a GAL or Child Representative

In contested parental responsibilities cases, the court may appoint a professional to represent the child’s interests. Illinois uses two primary roles:

Guardian ad Litem (GAL)

A guardian ad litem investigates the facts and reports to the court on what arrangement would serve the child’s best interests. The GAL interviews both parents, the child (if age-appropriate), teachers, therapists, and other relevant individuals. The GAL may also observe each parent’s home and review relevant records.

The GAL provides a written report with recommendations, and the court gives the report significant weight — though it is not binding. Both parents can cross-examine the GAL and present evidence that contradicts the GAL’s findings.

Child Representative

A child representative is an attorney appointed to advocate for the child’s best interests. Unlike a GAL, the child representative does not file a written report. Instead, the child representative participates in the case as an attorney — calling witnesses, cross-examining the parents, and making arguments to the court.

The child representative’s position is based on their independent assessment of the child’s best interests, which may differ from what the child says they want.

Attorney for the Child

In some cases, the court appoints an attorney for the child who advocates for the child’s stated wishes rather than an independent assessment of best interests. This is more common with older children and teenagers.

Common Misconceptions

“Mothers automatically get custody in Illinois.” Illinois law contains no gender preference. The allocation is based entirely on the best interest factors. Courts evaluate each parent’s actual involvement in the child’s life, not assumptions based on gender.

“Joint custody still exists.” The term “joint custody” has no legal meaning under the current Illinois statute. The court allocates each component — significant decision-making and parenting time — independently. What people informally call “joint custody” may correspond to joint significant decision-making with equal or near-equal parenting time, but the legal framework does not use that label.

“If I have more parenting time, I make all the decisions.” Parenting time and decision-making are separate allocations. A parent with 60% of parenting time may still share significant decision-making equally with the other parent. Day-to-day decisions (meals, bedtimes, homework supervision) are made by whichever parent has the child at the time, but significant decisions in the four statutory areas follow the court’s allocation regardless of the parenting time split.

For more on how custody decisions work nationally, see our guide on how child custody is determined.

What to Do Next

If you are facing an allocation of parental responsibilities case in Illinois, take these steps:

1. Learn the current terminology. Courts, attorneys, and judges in Illinois use “parental responsibilities,” “significant decision-making,” and “parenting time” — not “custody” and “visitation.” Using outdated terms signals unfamiliarity with the law.
2. Document your caretaking history. Under Section 602.7, the court looks at the 24 months before filing. Keep records of school pickups, medical appointments, meal preparation, bedtime routines, and other daily caregiving tasks.
3. Prepare a detailed parenting plan. Your proposed plan should be specific and practical. Include exact days and times, holiday rotations, and a realistic transportation arrangement.
4. Be prepared for a GAL or child representative. In contested cases, the court will likely appoint one. Cooperate fully, be honest, and focus on demonstrating your involvement in your child’s life.
5. Consult an Illinois family law attorney. The allocation of parental responsibilities is complex and fact-intensive. Schedule a consultation with an attorney who regularly handles these cases in your county to develop an effective strategy.

Frequently Asked Questions

What should a parenting plan include?

A comprehensive parenting plan should cover the regular custody schedule, holiday and vacation schedules, transportation arrangements, communication rules between parents, decision-making authority for education and healthcare, and procedures for resolving disputes.

Can parents create their own parenting plan?

Yes. Courts prefer that parents agree on a parenting plan. The agreement must be in writing and approved by the court to become enforceable. If parents cannot agree, the court will create a plan based on the child’s best interests.

What factors do courts consider when deciding custody?

Courts evaluate the best interests of the child, considering factors like each parent’s relationship with the child, the child’s adjustment to home and school, each parent’s mental and physical health, any history of domestic violence, and the child’s wishes (depending on age and maturity).

What is the difference between legal custody and physical custody?

Legal custody is the right to make major decisions about the child’s education, healthcare, and religious upbringing. Physical custody determines where the child lives. Courts can award both types jointly (shared between parents) or solely to one parent.