For parents, the end of a marriage does not end the need to make decisions together about a child. It changes the legal structure in which those decisions are made. In Illinois, the law generally speaks in terms of “parenting time” and “allocation of parental responsibilities” rather than the older terms custody and visitation.

For Hoffman Estates parents whose cases proceed in Cook County, a parenting case can involve much more than deciding how many overnights each parent receives. The court may need to address significant decisions, school schedules, transportation, holidays, activities, communication, support, and the process the parents will use when disagreements arise.

What Are Parental Responsibilities in Illinois?

Illinois defines parental responsibilities to include parenting time and significant decision-making. Significant decision-making can involve education, health, religion, and extracurricular activities. Those responsibilities can be allocated jointly in some areas and individually in others, depending on an agreement or court order.

Routine decisions are different. During a parent’s parenting time, that parent generally handles ordinary day-to-day decisions and emergencies affecting the child’s health and safety. Problems often arise when parents confuse a routine decision with a significant decision that the parenting plan requires them to address together.

The statutory provisions governing parenting matters appear in the Illinois Marriage and Dissolution of Marriage Act.

The Child’s Best Interests Drive Parenting-Time Decisions

When parents do not agree, Illinois courts allocate parenting time according to the child’s best interests. The statute identifies numerous factors, including the child’s needs, the wishes of the parents, the wishes of a sufficiently mature child, prior caretaking, adjustment to home, school and community, the distance between residences, schedules, and the parents’ ability to cooperate with the arrangement.

No single factor automatically decides the case. The practical history of the family can therefore be important. Who has handled school mornings? Who attends appointments? How are activities managed? How far apart will the parents live? A proposed schedule should work for the child on ordinary school days, not merely look balanced on paper.

A Detailed Parenting Plan Can Prevent Future Disputes

A useful parenting plan anticipates recurring points of friction. In addition to a regular schedule, parents may need provisions for holidays, vacations, school breaks, exchanges, transportation, electronic communication, access to records, and notice about important events.

  • Which parent will make, or share in making, significant educational decisions?
  • How will non-emergency medical decisions be handled?
  • What happens when an extracurricular activity falls during the other parent’s time?
  • Where will exchanges occur and who provides transportation?
  • How are holidays and school breaks divided?
  • How much notice is required for travel or schedule changes?
  • What process will be used if the parents cannot agree?

Parents who want to understand the structure of these plans can review the Illinois Legal Aid Online parenting-plan tool.

School and Extracurricular Schedules Can Become Central Issues

Hoffman Estates families may be balancing school, commuting, sports, music, tutoring, clubs, and other activities. An activity can create both a decision-making issue and a parenting-time issue. The question may be who has authority to enroll the child, who pays, who transports the child, and whether the activity substantially consumes the other parent’s scheduled time.

Illinois child-support law also gives courts discretion in appropriate cases to allocate reasonable school and extracurricular expenses intended to enhance a child’s educational, athletic, social, or cultural development. The existence of an activity therefore does not necessarily answer either the scheduling or expense question.

Relocation Has a Specific Meaning Under Illinois Law

Relocation is a statutory concept, not simply any move to a new address. For a child’s primary residence in Cook, DuPage, Kane, Lake, McHenry, or Will County, Illinois law defines an in-state relocation by reference to a move of more than 25 miles from the child’s current primary residence, measured as specified by statute. Interstate moves are addressed separately.

Because Hoffman Estates extends beyond Cook County, the county in which the child’s primary residence is located can matter when applying the statutory definition. A parent considering a substantial move should review the current statute and existing parenting orders before committing to the move.

Child Support and Parenting Time Interact, But They Are Not the Same Issue

Child support is calculated under a statutory framework that considers the parents’ incomes and, in some circumstances, the amount of parenting time. But a parenting schedule should be developed around the child’s best interests rather than solely around its financial consequences. Additional child-related expenses can also be allocated separately.

Frequently Asked Questions

Does Illinois still use the term joint custody?

Illinois statutes now generally use allocation of parental responsibilities and parenting time. People still use “custody” conversationally and in internet searches, but current orders usually use the statutory terminology.

Does a teenager get to choose where to live?

A child’s wishes can be considered, with attention to maturity and the ability to express reasoned and independent preferences, but the child’s preference is not the only factor.

Can one parent schedule activities during the other parent’s time?

The answer depends on the parenting plan, the allocation of significant decision-making, and the circumstances. Activities can implicate both decision-making authority and the practical exercise of parenting time.

Can parenting orders be modified later?

Yes, Illinois law permits modification under statutory standards. The requirements can vary depending on what is being modified and when the existing order was entered.

Related Resources

Speak With an Illinois Domestic Relations Attorney About a Hoffman Estates Matter

Every dissolution of marriage and parenting dispute has its own facts. For individuals and families in Hoffman Estates and elsewhere in Cook County, understanding Illinois law, the financial record, and the practical needs of the family can help identify the issues that may need to be resolved. An Illinois domestic relations attorney can review the circumstances, explain available options, and provide guidance about the next steps in the legal process.

Disclaimer: This article is for general informational purposes only and does not constitute legal advice. Reading it does not create an attorney-client relationship. Laws and court procedures can change, and the application of law depends on the facts of each matter.