For many years in Illinois, issues regarding children in a divorce were referred to under the umbrella term of “child custody.” However, since 2016, this term is no longer used in state law statutes, with the relevant issues instead identified as “parenting time” and the “allocation of parental responsibilities.” Parenting time is fairly straightforward, as it refers to the time that the children will spend living with each parent on a regular basis. However, you may have questions regarding what exactly it means to allocate parental responsibilities between you and your spouse during the divorce process.

What Parental Responsibilities Must Be Allocated in an Illinois Divorce?

Illinois law states that during a parent’s allocated parenting time, he or she has the authority to make “non-significant” decisions related to the child. This encompasses a wide variety of routine decisions and allows a person the freedom to parent without worrying that every action may potentially violate the divorce resolution. However, certain decisions are considered significant and must be addressed directly in a parenting agreement. These significant decisions include those related to:

Moving to a new location after your divorce can help to give you a fresh start, especially if you are pursuing a new opportunity for yourself or your children. However, in Illinois, many parental relocations require court approval to ensure that the best interests of your children and their relationship with their other parent are protected. If you are planning a move, you should make sure you know whether legal action is necessary, and consider how you can help the process go smoothly.

When Does Relocation Require Approval?

The reality is that after a divorce, one or both parents will have to find a new residence, and in many cases, these moves require no special approval. However, in Illinois, the distance of the move can make a significant difference. Specifically, state law requires approval for the following:

A divorce can be one of the most difficult experiences one can go through, especially if children are involved. The allocation of parental responsibilities (child custody) and parenting time (visitation) are two important issues that need to be resolved during the divorce proceedings. A couple can create a parenting plan, which essentially outlines details such as what days of the week the child is with each parent. If they cannot agree on the terms, a decision will be made based on the best interest of the child by the court. 

Courts will also weigh other factors before making a decision on parenting time in order for both parents to take an active role in child-rearing. However, in these uncertain times, with stay-at-home orders issued in many states, parents are being creative by using technology for virtual visits if they cannot be done in person.  

Determining Factors for Visitation

Illinois courts recognize that children benefit from a relationship with both parents. This is generally true as long as there is no evidence or history of abuse or that a parent poses a threat to the welfare of a child. Otherwise, parenting time may be denied or supervised visitation ordered. 

Unfortunately, not every marriage ends happily ever after as they do in the fairytales. In some cases, spouses simply grow apart or cannot reconcile due to infidelity or an addiction problem. When a couple has a child with a physical or mental disability, it can also put a significant strain on their relationship. In these family situations, the decision to divorce can be especially difficult. The thought of caring for a special needs child as a single parent can be overwhelming. On top of the usual issues that need to be resolved, such as the allocation of parental responsibilities, parenting time, and the division of property or assets, there can be a lot of uncertainty about caring for your child as a divorced parent.   

Disabilities Can Take Different Forms 

A special needs child is a minor who has been diagnosed with a condition that requires attention and certain assistance that other children do not. The state may declare this status for the purpose of offering benefits for the child’s well-being and growth. Some of these conditions may result in occupational or physical therapy, in addition to emotional or behavioral support. In some cases, a child may be confined to a wheelchair or need a seeing-eye dog. 

The following disabilities are typically placed in specific categories: 

There is no denying that a divorce can be challenging even if both spouses mutually agree it is for the best. The decision to end a marriage may be especially difficult if a couple has a child together. In many cases, both parents want to spend as much time with their child as possible and it is one of the reasons they often put off filing for divorce. Every state has laws governing divorce and child-related issues, and Illinois is no exception. The allocation of parental responsibilities (child custody) and parenting time (visitation) must be determined before a divorce is finalized. It is possible for the custodial parent to relocate, so it is crucial to know the rights each parent has under Illinois divorce laws.

Illinois Divorce Laws

Under the Illinois Marriage and Dissolution of Marriage Act, one parent is typically awarded the majority of the parental responsibility for his or her child in a divorce. According to a new statute that was enacted in 2016, that parent must give the other parent 60 days written notice if he or she wishes to relocate with the child. Several important details must be included within that notification, such as: 

• Date of the planned move
• New address
• Length of time if the relocation is temporary

The parent is permitted to move with his or her child within the state according to certain guidelines. A move beyond the mileage restrictions or out of Illinois requires permission from the other parent unless the court allows it. If the other parent objects to the move, the court may still permit the move if it is considered to be in the child’s best interest.