When couples decide to divorce in Illinois, they have two options: a contested divorce or a non-contested divorce.
March 17, 2023
What is the Law in Illinois Regarding Custody and Parenting Time of Children
In Illinois, the Allocation of Parental Responsibilities (APR) statute is the law that governs child custody and parenting time. The APR statute is designed to ensure that the best interests of the child are considered in all custody and visitation decisions, and that both parents have an opportunity to participate in their child's life. In this blog, we will explore the key provisions of the APR statute in Illinois.
What is the Allocation of Parental Responsibilities? The Allocation of Parental Responsibilities is the term used in Illinois to refer to child custody and visitation. Under the APR statute, both parents are presumed to have an equal right to parenting time with their child, unless there are compelling reasons to restrict or limit a parent's time with the child.
The APR statute recognizes that the best interests of the child are paramount, and that both parents should have an opportunity to participate in their child's life. This means that custody and visitation decisions are made based on what is best for the child, not what is best for the parents.
How is Parental Responsibility Allocated in Illinois? Under the APR statute, parental responsibilities are allocated between the parents based on the best interests of the child. This includes decisions regarding the child's education, healthcare, and religious upbringing. The APR statute also addresses parenting time, which refers to the time each parent spends with the child.
When making decisions about parental responsibilities, the court will consider a variety of factors, including:
The wishes of the child, if they are old enough to express a preference
The child's needs
The mental and physical health of the parents
The parents' ability to cooperate and make decisions together
Any history of domestic violence or abuse
The distance between the parents' homes
The court may also consider any other factors that are relevant to the child's best interests.
Types of Parenting Arrangements Under the APR statute, there are several different types of parenting arrangements that can be ordered by the court. These include:
Joint parenting: Both parents share in the decision-making responsibilities and parenting time with the child. This is the preferred arrangement in Illinois, as it allows both parents to have an equal say in their child's life.
Sole parenting: One parent is responsible for all decision-making and parenting time with the child. This arrangement is generally only ordered if there are concerns about one parent's ability to parent, or if the parents are unable to cooperate in decision-making.
Split parenting: If there are multiple children, the court may allocate parental responsibilities differently for each child. For example, one parent may have sole parenting responsibility for one child, while the other parent has sole parenting responsibility for another child.
Modifying Parental Responsibilities If circumstances change after a parenting order is entered, either parent may petition the court to modify the order. This may be necessary if one parent moves to a different city or state, or if there are significant changes in the child's needs or circumstances.
It is important to note that modifying a parenting order can be a complex and challenging process. It is best to work with an experienced family law attorney who can help guide you through the process and ensure that your rights are protected.
In conclusion, the Allocation of Parental Responsibilities statute in Illinois is designed to ensure that the best interests of the child are considered in all custody and visitation decisions. Under the APR statute, parental responsibilities are allocated based on what is best for the child, not what is best for the parents. If you are involved in a custody dispute in Illinois, it is important to work with an experienced family law attorney who can help you navigate the legal process and ensure that your rights are protected.
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