Custody Arrangements in Illinois Divorce

Understanding Common Custody Arrangements in Illinois

Navigating custody arrangements can be one of the most emotionally charged and confusing aspects of a divorce or separation. In Illinois, the legal system has moved away from the traditional terms of “custody” and instead focuses on “parental responsibilities” and “parenting time.” This shift emphasizes cooperation and shared involvement in the child’s life. This means each parent is designated parenting time on certain days versus the old term of one parent having custody over the child or children.

If you’re going through a divorce or parenting dispute in Illinois, here’s what you need to know about the most common custody arrangements.

1. Joint Allocation of Parental Responsibilities

If both parents can get along and make joint decisions in regards to their children, then the Parenting Plan can allow for joint allocation of parental responsibilities.  This means that both parents have to agree on important factors in the child’s upbringing. Every parenting plan presented to the court should at least determine who will have decision-making regarding:

• Education
• Health care
• Religion
• Extracurricular activities

Under joint parental responsibilities, both parents share the decision-making duties, even if the child lives primarily with one parent. This ensures each parent is actively involved in raising the child.

Example: A child might live with Mom during the week and spend weekends with Dad, but both parents must agree on where the child goes to school or which doctor they see.

2. Sole Allocation of Parental Responsibilities

In some situations, one parent is given the authority to make all major decisions about the child without consent or agreement from the other parent. This may happen when:

• One parent is absent or uninvolved
• There’s a history of abuse, neglect, or substance abuse
• The parents are unable to communicate or agree
• The other parent voluntarily agrees to not have decision-making power

The other parent may still have parenting time (previously known as visitation), but the parent will not have a say in decisions regarding the child or children.

3. Parenting Time (Physical Custody)

Parenting time refers to the actual time a child spends with each parent. Illinois courts encourage both parents to have meaningful and consistent time with their children. Common arrangements include:

• Equal (50/50) parenting time: The child splits time fairly equally between both homes. This works best when parents live close together and communicate well. This allows the child to spend almost equal time with each parent.
• Primary residence with one parent: One parent has the child most of the time, while the other has scheduled parenting time. This could be a child primarily lives with one parent, but goes to the other parent’s home on certain days of the week or weekend.
• Customized schedules: Courts may approve unique schedules based on parents’ work shifts, the child’s schooling, or other needs. Often times, divorcing parents do not realize the difficulty parenting alone brings balancing work schedules and the children’s schedules. It is important to be realistic about your parenting time availability, as it is not in the child’s best interest to have constantly changing parenting schedule arrangements. Courts prefer consistency for children.

4. Holiday and Vacation Schedules

In addition to weekly routines, parenting plans must include detailed holiday and vacation schedules. Common practices include alternating holidays each year or splitting school breaks. For example if Mom has Thanksgiving in even years then Dad has Thanksgiving in odd years.

5. Modifications and Enforcement

Custody arrangements can be modified if there’s a significant change in circumstances—such as relocation, a change in the child’s needs, or issues with compliance. Both parties must follow the court-approved parenting plan unless it’s officially changed.

Final Thoughts

Illinois family courts aim to create custody arrangements that are in the best interests of the child. Judges look at factors like the child’s relationship with each parent, the parents’ ability to cooperate, and the child’s needs.

Whether you’re drafting a parenting plan or seeking a modification, it’s essential to work with an experienced family law attorney to protect your rights and your child’s well-being.

Need Help Navigating Custody in Illinois?
If you have questions about your parenting rights or responsibilities, contact Villadonga & Villadonga Attorneys at Law today at 847-298-5740 to schedule a consultation. The right guidance can make all the difference during a challenging time.

*Nothing in this article constitutes legal advice. This is a short synopsis of the law and each case is different. Use of this website or article does not constitute an attorney-client relationship.