In 2015, the Illinois Marriage and Dissolution of Marriage Act was amended to acknowledge the realities that parents in today’s world face. One of the most significant changes was the deletion of the terms “custody” and “visitation” to refer to the decision making responsibilities of parents and the time a parent spends with his or her child in the context of divorce. It was replaced with the terms “parental responsibilities” and “parenting time” in an effort to acknowledge the fluidity of parents’ roles as well as reduce the sense of winning and losing that some parents had with court-ordered custody arrangements.
At first, this change can seem like it complicates the issue tremendously. Although it is certainly a significant departure from the Act’s previous wording, it actually makes parenting after divorce easier. Family life in the United States is constantly evolving – family law has to keep up. These changes to the Illinois Marriage and Dissolution of Marriage Act will take effect on January 1, 2016.
Parenting Time
Physical custody, which referred to the parent’s home where the child resides, has been replaced with parenting time. Now, parents work out schedules regarding when the child will physically be in each parent’s care after their divorce.
A parenting time schedule is determined by examining some of the same factors that were previously used to determine physical custody, such as the following:
- Each parent’s relationship with the child;
- The individuals present in each parent’s household;
- The child’s personal and academic needs;
- Each parent’s income level; and
- Each parent’s previous record of cooperation with the court.
Only in rare circumstances does the court determine that it is in the child’s best interest to have no contact with one of his or her parents and rule as such.
Parental Responsibilities
Parental responsibilities have some similarity to the old concept of legal custody, which referred to the right to make decisions on the child’s behalf regarding his or her medical care, education, and religious upbringing. These are now divided among parents in a way that the court determines to be in the child’s best interest.
For example, one parent might be granted the right to make decisions about the child’s academic life, such as which school he or she will attend, while the other may be granted the right to make decisions about the child’s religious upbringing, such as whether the child will attend regular church services or participate in religious functions.
Work with a Chicago Family Attorney
As a Chicago family attorney, I am here to serve you by guiding you through the difficulties you face as you navigate the world of family law. Divorces can be difficult for every member of the family and many parents find themselves overwhelmed by the prospect of the court having an input in their relationships with their children. Contact me today to set up your initial legal consultation to begin working on your family law case together.
