What Do "Parental Responsibilities" Technically Include in Illinois?

 Posted on October 12, 2025 in Child Custody

Divorces and custody cases come with hard questions. These usually include who will make important decisions on behalf of the children, where the children will live, and how parents will divide parenting time. Illinois law no longer uses the terms "custody" and "visitation," instead referring to these as "parental responsibilities." But what does that actually mean — and what do parental responsibilities technically include under Illinois law?

For parents in Illinois, understanding this term is important for knowing why and how family courts do what they do. At The Stogsdill Law Firm, P.C., our Wheaton child custody attorneys bring over 100 years of combined experience in complex divorce and custody litigation. We are ready to help you protect what matters most.

How Does Illinois Define Parental Responsibilities?

Illinois law, specifically 750 ILCS 5/602.5 and 750 ILCS 5/602.7, defines parental responsibilities as two distinct but related areas. These are significant decision-making responsibilities and parenting time. Together, these form the foundation for what used to be called "legal" and "physical" custody.

Under the current Illinois Marriage and Dissolution of Marriage Act (IMDMA), courts usually do not award one parent "sole custody." Instead, the law focuses on how responsibilities will be shared between the parents in a way that serves the child’s best interests.

The guiding principle in every custody case is the child’s well-being, not what is easy or convenient for the parents. When parents cannot make a parenting plan on their own, judges make these decisions after looking at the evidence and a list of factors the law requires them to consider.

What Are "Significant Decision-Making Responsibilities?"

Significant decision-making responsibilities refer to the authority to make long-term choices that shape a child’s upbringing. According to Illinois law, these decisions fall into four major categories:

• Education: Choices related to school, tutoring, or special education services

• Healthcare: Decisions about medical, dental, and psychological care; includes routine treatment, counseling, and elective procedures

• Religion: Decisions about whether the child will be raised in a particular faith or get a religious education

• Extracurricular Activities: Choices about sports, music, clubs, and other organized activities

Parents may share these decisions, or one parent may have that authority only in certain categories. For example, a parenting plan might assign both parents joint decision-making authority for healthcare and education, but grant one parent sole decision-making over religious matters.

How Do Judges Know What is Best For My Child? 

Many parents are understandably skeptical about a total stranger making such important decisions for their family. However, judges are required to look at a specific set of factors when deciding what is best for a child.

For example, a judge will want to know how involved each parent is in the child’s life. What is each parent’s relationship with the child? Who has made certain decisions up until now? If the parents do not agree about major decisions, where are the disagreements?  

Judges will also look at how a child fits in their current home and community. Has the child gone to the same schools with the same friends for several years? Is it best for the child to keep things stable, or to introduce change for long-term benefit? 

Judges also want to know how well parents get along so they can understand how different arrangements will affect a child. Can parents talk about schedule changes without fighting? How close do they plan to live to each other? Does each parent encourage the child to have a good relationship with the other parent? 

This is not a complete list; each case will require different considerations. However, in any case, the goal is not to divide decisions evenly but to assign authority in a way that best supports the child’s stability and growth.

What Is Parenting Time?

Parenting time refers to the period when a parent is responsible for the child’s daily care and supervision. This includes everything from meals and bedtime routines to transportation, homework, and general care.

A court-approved parenting plan or order says when each parent will have parenting time and how kids will be moved between houses. Parenting time schedules can vary widely. Sometimes 50/50 arrangements are best. Other times, one parent has the majority of parenting time while the other has weekends and holidays.

During their parenting time, each parent has the right and duty to make routine decisions for the child. These are day-to-day choices, such as what the child eats, what time bedtime is, or which outfit they wear to school. These are the kind of decisions that come naturally with caregiving.

Even when one parent has less parenting time, both are expected to help the child communicate and respect the other parent. Illinois courts take interference with parenting time seriously and can impose penalties for willful violations of parenting orders.

Can Parental Responsibilities Be Changed?

Life changes, and so can your parenting plan. Illinois law allows parents to ask the court to change their parental responsibilities when there has been a substantial change in circumstances. The modification must serve the child’s best interests.

Examples of substantial changes in circumstances include:

• A parent moving to a new city or state

• A major shift in a parent’s work schedule or health

• Real concerns about a child’s safety or well-being

• Conflict between parents that disrupts decision-making

To modify an order, a parent must typically wait two years from the original judgment unless the child’s physical or emotional health is in danger. The parent requesting modification bears the burden of proof.

What Happens When Parents Disagree About Major Decisions?

Even with a well-written parenting plan, disagreements are inevitable. When disputes come up, Illinois courts encourage mediation as the first step. Mediation allows parents to figure out their disagreements privately, rather than returning to court. However, if mediation fails or one parent will not follow the parenting plan, a judge may hold a hearing to enforce the existing order.

In high-conflict cases, the court may appoint a guardian ad litem (GAL) or child representative to investigate and make recommendations about what serves the child’s best interests.

Contact a Wheaton, IL Child Custody Lawyer

Understanding what "parental responsibilities" include is the first step in protecting your relationship with your child during and after a divorce. At The Stogsdill Law Firm, P.C., our DuPage County family law attorneys use their experience and knowledge of Illinois law to help clients get fair, lasting outcomes. To talk about your custody case, contact us at 630-462-9500 today.