How Illinois Allocates Parental Responsibilities

In 2016, Illinois replaced the old language of "custody" and "visitation" with the Allocation of Parental Responsibilities framework under the Illinois Marriage and Dissolution of Marriage Act. The change wasn’t just terminology. It split a single concept into two distinct allocations, and it changed how courts and parents approach the question.

The two allocations

Illinois now allocates parental responsibilities in two parts:

1. Decision-making responsibilities — the right to make significant decisions in four areas: education, healthcare, religion, and extracurricular activities. Each area can be allocated solely to one parent, jointly, or split (e.g., one parent has medical, both have education).
2. Parenting time — the schedule of when each parent has the children. Replaces what used to be called visitation.

The Allocation Judgment is the court order that memorializes both. Together they replace the old "custody" determination.

The best-interest factors

Section 602.5 of the IMDMA lists the factors a court weighs when allocating significant decision-making, and Section 602.7 lists the parenting-time factors. They overlap heavily. The most important ones in most cases:

• The wishes of each parent.
• The wishes of the child, considering maturity and ability to express reasoned preferences.
• The amount of time each parent spent performing caretaking functions in the 24 months before filing.
• Prior agreements or course of conduct between the parents regarding decision-making.
• The mental and physical health of all involved.
• The child’s adjustment to home, school, and community.
• The distance between residences and the practical realities of transportation.
• Whether there is a history of abuse by either parent against the child or the other parent.
• Each parent’s willingness to facilitate the relationship between the child and the other parent.

Building a parenting plan that works

A parenting plan is the document that operationalizes the allocation. Good plans cover:

• Regular school-year schedule — including weekday/weekend rotation and any "step-up" provisions as children age.
• Holiday schedule — major and minor holidays, including how holiday time is allocated when a holiday falls on a regular parenting day.
• Summer schedule — extended blocks, vacation rights, and how regular schedules adjust.
• Decision-making protocols — when joint decision-making is required, how disputes are resolved (mediation first? specific tiebreaker?).
• Communication protocols — how parents communicate about the children (apps like OurFamilyWizard are common), and how children communicate with the non-residential parent.
• Right of first refusal — if a parent needs childcare for more than X hours, the other parent gets the first option.
• Relocation rules — what notice and what process if a parent wants to move.

Common mistakes — and what to avoid

• Drafting around the current school year without considering how the schedule works in summer, on holidays, or in subsequent school years.
• Leaving decision-making vague ("the parties shall confer") with no tiebreaker. This produces years of post-decree litigation.
• Ignoring the right of first refusal — clarity here prevents constant micro-disputes.
• Setting up schedules that don’t match where the parties actually live by the time the judgment is entered.

When parents disagree

If parents can’t agree on the allocation, the case proceeds to trial. The court may appoint a Guardian ad Litem to investigate and report — a process the firm’s attorneys regularly participate in, both as advocates and (in other cases) as GALs themselves.

The best outcome is almost always one the parents craft together with the help of counsel. The worst is one a judge has to impose because the parents couldn’t. VF Law’s approach is to push hard for a workable agreement — and to be ready to try the case when one isn’t possible.