How Do the New Illinois Child Custody Laws Affect Me?

 Posted on September 02, 2015 in Family Law

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.

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.

Allocation of Parental Responsibility

Senate Bill 57, which went into effect on January 1, 2016, made significant changes to family law in Illinois. Among the biggest changes to the Illinois Marriage and Dissolution of Marriage Act (IMDMA) are the changes to child custody determinations.

The concept of "decision-making responsibilities" replaces the concept of legal custody and allocates the right to make decisions in four different areas to the parents. A parent may be entitled to make decisions in all four areas of the child's life, or the court may determine that each parent is responsible for different areas.

Determination of decision-making responsibilities is to be based on the best interests of the child and the court is required to consider relevant factors, including those outlined by the statute. The court is required to consider:

• The wishes of the child;
• The child's adjustment to his or her home, school and community;
• The mental and physical health of all individuals involved;
• The ability of the parents to cooperate;
• Any prior agreement or conduct between the parents with regard to decision-making;
• The parents' wishes;
• The child's needs;
• The distance between the parents' homes;
• The ability of each parent to support the child's continued close relationship with the other parent;
• Physical violence against the child;
• Abuse in the home;
• Whether or not one parent is a sex offender; and
• Any other relevant factor.

Similarly, the concept of parenting time replaces the concept of physical custody or visitation. In order to make a determination with regard to parenting time, the court is tasked with considering the child's best interests; however, the list of factors for the court to consider is slightly different. In addition to the factors used when allocating decision-making responsibility, the court must consider:

• The amount of time each parent has spent taking care of the child during the previous two years;
• The interaction and relationship of the child with his or her parents or siblings or any other person who may affect the child's best interests; and
• Whether a restriction on parenting time is appropriate.

Contact Us Today

If you have questions about child custody, having an experienced attorney to help you navigate what these changes to the law might mean for you is essential. Please contact the experienced DuPage County family law attorneys at The Stogsdill Law Firm, P.C.

Sources:

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt%2E+VI&ActID=2086&ChapterID=59&SeqStart=8350000&SeqEnd=10200000

http://www.ilga.gov/legislation/publicacts/99/PDF/099-0090.pdf