What are Parental Responsibilities?

 Posted on March 31, 2026 in Child Custody

If you are going through a divorce in Illinois and you have children, one of the first things you will need to sort out is "parental responsibilities." That is the legal term in Illinois for what most people call child custody. It covers who makes big decisions for your child and how much time each parent spends with them.

According to federal data, about 27 percent of children in the United States live with one parent. This shows how often courts must decide parenting time and decision-making issues, but when it comes to your case, statistics matter less than a personal approach. Knowing how this works in 2026 can help you protect your relationship with your child. A Rolling Meadows attorney can help you through every step.

What Does "Allocation of Parental Responsibilities" Mean in Illinois?

Illinois stopped using the word "custody" in 2016. That is when the state updated the Illinois Marriage and Dissolution of Marriage Act. The law now uses "allocation of parental responsibilities" instead. The idea behind the change was simple. Lawmakers did not want divorce to feel like one parent wins and the other loses. The goal is to keep both parents involved in their child’s life, as long as that is what is best for the child.

There are two parts to parental responsibilities: significant decision-making and parenting time. Both work differently under the law, and understanding each one can help you feel more prepared going into the process.

What Are Significant Decision-Making Responsibilities?

This term means which parent gets to make the big choices for the child. Under 750 ILCS 5/602.5 of the Illinois Marriage and Dissolution of Marriage Act, courts split this authority into four areas:

• Education, including which school the child attends, tutoring, special services, and school activities
• Healthcare, including regular and emergency medical care, mental health care, and dental care
• Religious upbringing, meaning whether and how the child is raised in a faith
• Extracurricular activities, such as sports, clubs, and arts programs

Parents can share these responsibilities. Or a court can give one parent full authority in some or all areas. It is also possible for parents to share some areas while one parent has sole authority in others. For example, both parents might share healthcare decisions while one parent handles all school-related choices. When parents cannot agree, a judge makes the call based on what is best for the child.

What Is Parenting Time and How Does It Work?

Parenting time is the schedule of when each parent is with the child. It used to be called visitation. Under 750 ILCS 5/602.7 of the Illinois Marriage and Dissolution of Marriage Act, courts set this schedule based on what is best for the child. Judges look at things like how close each parent is with the child, the child’s school routine, and whether each parent helps the child stay connected to the other parent.

Courts do not favor mothers over fathers. Both parents start on equal ground. The schedule is built around what works best for the child, not what is most convenient for either parent.

How Do You Start the Parental Responsibilities Process in Illinois?

The steps can vary by county and whether you’re married to your child’s other parent, but here is how it generally works in Illinois in 2026:

• Look up your county’s court rules and consider hiring an attorney before you file.
• File a petition for allocation of parental responsibilities with the court.
• In Illinois cases about parental responsibilities, the court must hold an initial case management conference promptly after service of the petition is obtained.
• Give the other parent a summons and a copy of your petition so they know about the case.
• Wait for the other parent to respond. If they do not, you can ask the court for a default judgment.

Talking to an attorney early can help you avoid mistakes that slow things down.

What Does a Parenting Plan Need to Include?

In general, parents must file a proposed parenting plan within 120 days after service or filing of a petition for allocation of parental responsibilities. But if the other parent has not filed an appearance, a parenting plan is not required unless the court orders one.

If no parenting plan is filed, the court must hold an evidentiary hearing and decide on an arrangement. Most families want to avoid that and work together to file a parenting plan that works for everyone.

When this is not possible, the judge has the option to send a couple to mediation. Mediation is when a neutral person helps both sides try to reach an agreement. If that still does not work, the case proceeds to litigation, where each side presents their position and the court makes a final decision.

Your plan must cover at least these things:

• How decision-making will be split between parents
• A parenting time schedule that covers holidays, school breaks, and summers
• How each parent will access to the child’s health and school records
• A way to handle future changes to the plan
• If the parents want it, the right of first refusal 

The more detail you include now, the less likely you are to end up back in court later.

What Happens When Parents Cannot Agree on a Custody Decision?

If both parents share decision-making and they cannot agree on something, either one can go back to court. The judge will hear both sides and decide based on what is best for the child.

If disagreements keep happening and the shared arrangement stops working, the court can give one parent full authority in one or more areas. This is not meant as a punishment. It is just the court’s way of keeping the child’s needs from getting stuck in the middle of an ongoing conflict. In some cases, the court may also order both parents to attend counseling or mediation before making a final decision on the change.

Schedule a Free Consultation with an Arlington Heights, IL Family Law Attorney

Sorting out parental responsibilities is one of the hardest parts of a divorce. The choices you make now will shape your child’s life for years. That is where the dedicated Rolling Meadows child custody lawyer at the Law Offices of Donald J. Cosley comes in.

Attorney Don Cosley personally handles all aspects of his cases. When you call with questions, you will speak directly with him, your actual legal representative, not a paralegal or a subordinate. Just one attorney, fully focused on you and your child. We offer free consultations, so there is no cost to find out where you stand. Call 123-456-7890 today.