Parental Responsibilities in Illinois
Why Illinois Stopped Using the Word “Custody”
If you’ve started looking into divorce and you have kids, you’ve probably searched for information about custody. And you’ve probably noticed that Illinois doesn’t really use that word anymore. That can be confusing, especially when most of the people in your life are still talking about “getting custody” or “fighting for custody.”
I’m Amanda Bradley with Flat Fee Divorce Solutions, and I help families in Collinsville, O’Fallon, Belleville, Edwardsville, and the Metro East work through this process. One of the first things I explain to clients is what Illinois law actually says about parenting after a divorce, because the terminology matters more than people realize.
What Changed and When
Back in 2016, Illinois updated its family law statutes and moved away from the terms “custody” and “visitation” entirely. The law now uses “parental allocation” and “parenting time” instead. These changes are part of the Illinois Marriage and Dissolution of Marriage Act, specifically under Part VI, which covers how parental responsibilities are divided.
The shift wasn’t just about language. It reflected a change in how the state thinks about parenting after divorce. Instead of one parent “winning” custody and the other getting visitation, the focus moved toward dividing responsibilities in a way that supports the child’s well being.
What Parental Responsibilities Actually Covers
Under Illinois law, parental responsibilities break down into two main categories.
Significant decision making covers the big life decisions you’ll make for your child. That includes:
- Education, such as where they go to school
- Health care, including medical and dental decisions
- Religious upbringing
- Extracurricular activities
Parents can agree to share decision making in all of these areas, or they can divide them. For example, one parent might handle education decisions while the other handles health care. It depends entirely on what you agree to.
Parenting time is the schedule that outlines when your child is with each parent. This includes weekdays, weekends, holidays, school breaks, and summer vacations. Your parenting time schedule becomes part of your parenting plan, which is filed with the court.
How Is This Different From the Old System
Under the old system, one parent was typically awarded “sole custody” or the parents shared “joint custody.” Visitation was granted to the non-custodial parent. That framework created a winner and a loser. Many parents focused on winning – or, that is at least in how it felt. The current system is designed to move away from that dynamic and focus on what’s actually best for the child.
As a Collinsville divorce lawyer, I’ve seen how this shift helps parents approach the conversation differently. When you’re dividing responsibilities instead of fighting over a label, it tends to be more productive.
What Goes Into a Parenting Plan
Your parenting plan is a written agreement that spells out how you and the other parent will handle things going forward. It needs to include your parenting time schedule, how decision making is divided, and details like how you’ll handle exchanges, communication between households, and future disagreements.
If both parents agree on the plan, I draft it, review it with my client, and, once everyone had agreed to the terms, submit it to the court. In most uncontested cases, the judge signs off without requiring a court appearance.
Why This Matters for Your Divorce
Understanding these terms isn’t just about knowing the right words – its about having the right mindset to focus on being a parent. The way your parenting plan is written affects your daily life, your relationship with your children, and your ability to co-parent effectively after the divorce is done. A Collinsville divorce lawyer can help you put your agreements into a format that reflects what you’ve decided and holds up legally.
Take the Next Step
If you’re going through a divorce and want to make sure your parenting plan is handled the right way, reach out to Flat Fee Divorce Solutions. I’ll walk you through the process and help you build a plan that works for your family.