Illinois Allocation of Parental Responsibilities
Current, source-linked Illinois terminology and rules without imported out-of-state formulas.
Illinois terminology
Allocation of parental responsibilities
The legal framework Illinois uses for what was once called "custody" — it covers both parenting time and significant decision-making responsibilities.
Parenting time
Where the child lives day to day and which parent exercises caretaking functions (once called "visitation").
Significant decision-making responsibilities
Major decisions about education, health, religion, and extracurricular activities.
Parenting plan
A written agreement (or court order) allocating parenting time and significant decision-making responsibilities.
Core rules
- The court allocates parenting time and significant decision-making responsibilities according to the child's best interests (750 ILCS 5/602.5, 602.7)
- It is presumed both parents are fit; parenting time is restricted only on a preponderance showing of serious endangerment to the child
- The court shall not consider conduct of a parent that does not affect that parent's relationship to the child
- Parents are expected to file a proposed parenting plan within 120 days of service/filing unless excused
- There is no fixed 50/50 presumption and no overnight formula that converts a schedule into a custody right
- In larger counties, family cases are heard in the Circuit Court's Family Division; confirm the correct county
Support and modification cautions
Illinois uses the Income Shares model for child support — not a flat percentage of one parent's income. The court combines both parents' net income and finds the basic obligation on the official HFS schedule by combined income and number of children. A parenting plan may be modified on changed circumstances in the child's best interests; significant-decision-making changes generally require two years or an endangerment showing (750 ILCS 5/610.5).
Always confirm current local forms, fees, and filing procedure with the Illinois Circuit Clerk of the county handling your case.