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How does Illinois allocate parental responsibilities in divorce?

On Behalf of | Mar 8, 2021 | Firm News

When you and your child’s other parent decide to end your Illinois marriage, you may both want to remain active parts of your son or daughter’s life. If the state’s family court system needs to determine parenting time because you and your former partner are unable to agree, it refers to a specific set of factors when making such decisions.

What are some of the areas Illinois family courts consider when allocating parenting time and parental responsibilities?

The wishes of everyone involved

Both your own preferences and those of the other parent factor in when courts make decisions about parenting time. Your child’s own wishes may also carry weight. However, how much weight they carry may depend on your child’s age and maturity level, among other variables.

Each parent’s contributions thus far

How much time and effort each of you devoted to the child in the past 24 months is also a determining factor in what parental responsibilities you receive. If your child has not yet turned 2, the court may consider how much time each parent devoted to caring for the child in his or her life to date.

Whether any parenting time restrictions are appropriate

The court may consider whether there have ever been any threats of violence, or incidents of violence, directed at the child or anyone else in the child’s household when deciding whether parenting time restrictions are necessary.

While these are some of the key factors Illinois courts consider when allocating parental responsibilities, many other areas may also undergo consideration.