Parenting Rights in Illinois: Who Has Decision-Making Authority?

Find answers to common questions regarding your decision-making powers over your children, by learning the parenting rights in Illinois.

Parenting Rights in Illinois: Who Has Decision-Making Authority?

When it comes to children and divorce, can both parents have equal decision-making powers and parenting rights in Illinois?

Yes, even if the parenting time schedule is not equal, both parents may still share decision-making authority. Decision-making and parenting time each have different factors that the court looks at when determining what is in a child’s best interest. Although many of the factors are the same, the court has the ability to order a specific arrangement for decision-making and a specific arrangement for parenting time. Whether those arrangements are the same or different will depend on the facts of each case.

Can primary parenting rights in Illinois be taken away?

Yes, the allocation of parental authority is always subject to change in the future. It can be changed based upon the best interest of the child or children of the party. Regarding decision-making, the ability to make a decision regarding a significant decision in a child’s life can be modified every two years, if requested, or sooner is there is a risk of endangerment. Regarding parenting time, the schedule can be modified at any time. In order to modify either decision-making or parenting time, there must be a substantial change of circumstances that has occurred since the most recent agreement or order was made. In the event the court finds that there has been a substantial change of circumstances, then the court will look at the same factors when the initial agreement or court order was entered. The court must further find that modification of decision-making or parenting time is necessary to serve the best interest of the child or children.

Michelle R. Mosby-Scott is a lead family law attorney at Allison & Mosby-Scott in Bloomington Illinois. She focuses solely on family law, regularly representing clients in divorce, child custody and support, pension division and removal, and alimony. www.allisonmosby-scott.com