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Wheaton divorce attorney for sole child custodyIn Illinois law, the terms “child custody” and “visitation” are no longer used. Parenting duties now consist of parental responsibilities and parenting time. This change was made in large part to present parenting tasks as a spectrum as opposed to one parent being the “custodial parent” and the other parent as merely “visiting” the child. However, there are still cases in which it may be in the child’s best interests for one parent to have most – if not all – of the parental responsibilities and parenting time.  

The Allocation of Parental Responsibilities

The term “parental responsibilities” refers to how parents will make significant decisions about the child’s life. Per Illinois law, significant decisions are decisions pertaining to:

  • Education

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Can I Take My Child Out of Illinois for a Family Vacation?

DuPage County family law attorney, family vacationOnce a court has entered an order for the allocation of parental responsibilities, that order controls what parents are allowed to do. However, some circumstances may not be specifically addressed by the order. One common issue parents face is wanting to take a child out of the state for a short trip.

Do Both Parents Agree?

If the order itself does not address taking the child out of state for a short trip or vacation, you will need the permission of the other parent. If you fail to tell the other parent that you are taking the child out of state, or you do so even if he or she objects, you could then potentially face criminal charges. You may also give the other parent a reason to seek a modification to limit your parenting time.

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How Do the New Illinois Child Custody Laws Affect Me?

How Do the New Illinois Child Custody Laws Affect Me?, DuPage County family law attorneys, custody law in IllinoisThe 2016 Illinois child custody laws could affect your family situation if you do not have a preexisting parenting agreement. Under Senate Bill 57, rather than making custody determinations, the court makes decisions based on "allocation of parental responsibilities." One or both parents are chosen to be responsible for a child's education, health, religion, and extracurricular activities.

The 2016 Illinois child custody laws could affect your family situation if you do not have a preexisting parenting agreement. Under Senate Bill 57, rather than making custody determinations, the court makes decisions based on "allocation of parental responsibilities." One or both parents are chosen to be responsible for a child's education, health, religion, and extracurricular activities.

Senate Bill 57: Changes to Custody Law in Illinois

Prior to the new bill, the IMDMA allowed for child custody to be allocated either solely or jointly. When a parent received sole custody, the other parent was entitled to child visitation, or set time to spend with his or her children. In addition, the law distinguished between legal custody, which gives the parent the right to make decisions regarding the child, and physical custody, which refers to where the child lives. In order to make a custody determination, courts took into account the best interests of the child by considering relevant factors. Moreover, the statute required the court to consider a variety of factors when determining the best interests of the child.

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