As the landscape of family law has evolved, so too has the approach of Illinois family courts to “child custody.” The term “custody” is no longer used, and the focus has shifted to “parental responsibility,” encompassing both “significant decision-making” and “parenting time.” This change reflects the courts’ emphasis on ensuring that children’s best interests are at the heart of custody decisions, including how and when each parent is involved in their child’s life.
How the Courts Determine Parenting Time
If the parents cannot agree on a parenting plan, a judge will decide the parenting time arrangement. In doing so, the court will consider a range of factors, including:
- The child’s current living arrangements and which parent has been the primary caretaker.
- The ability of each parent to foster a healthy relationship with the other parent.
- The child’s age, maturity, and preference (if the child is old enough and able to provide a reasoned opinion).
- The wishes of the child and the capacity of each parent to meet the child’s needs.
- Any concerns about domestic violence, substance abuse, or other factors that might affect the child’s safety or well-being.
It’s important to remember that Illinois does not have a specific age at which a child can simply “choose” where to live. However, if a child is mature enough to express a preference, the court may consider it when making a decision.
