RESTRICTIONS ON PARENTAL RESPONSIBILITIES IN ILLINOIS

Oct 9, 2015 | Child Custody

What is parental responsibility in Illinois?

The state of Illinois defines parental responsibility under section 750 ILCS 5/600 of the Illinois Marriage and Dissolution of Marriage Act.

(d) “Parental responsibilities” means both parenting time and significant decision-making responsibilities with respect to a child.

Decision-making: A Parental Responsibility

During the process of a divorce in Illinois, the court has the ability to establish parentage and decide which parent can make decisions regarding a child’s upbringing. These decisions can include a child’s education and medical care.

“Visitation”: Parenting Time Must Be Established By The Court

In deciding parental responsibilities in Illinois, the court also has the power to decide how parenting time is divided between parents.

How is Parental Responsibility Decided in Illinois?

The decision making process is determined by which parent has legal custody or whether the parents have joint custody. When each parent has the children is determined by the parenting time portion of the order. Both custody and parenting time are determined by analyzing a number of factors to determine what is in the best interest of the child.

Sometimes the court may determine that it is in the best interest of the child to restrict parental responsibilities of one of the parents. This is done when the court finds that one of the parents will seriously harm the child’s mental, physical or moral health. The restrictions can limit the parent’s decision making ability; order that the parent’s time with the child must be supervised by a third party or at a safety center; restricting communication between the parents and/or child; requiring the parent to abstain from drugs or alcohol for a period of time prior to and during parenting time; requiring the parent to complete treatment; prohibiting certain people from being around the child during parenting time and other requirements, depending on the circumstances.

Many parents in Illinois have child custody orders governing how they parent their children. In certain situations, it may be in the best interests of the child to restrict one of the parent’s access to the child if a parent’s conduct will seriously endanger the child. Experienced attorneys know that every family is unique and may be a useful resource for one going through the process.

If you have questions about parental responsibility in Illinois, you can talk to a lawyer today.

Are you concerned about parental responsibility in Illinois during your divorce process? Contact the Law Office of Bradley R. Tengler at 815-515-4168 to schedule an appointment. Located in Rockford, we handle cases throughout the nearby Illinois areas.

Source: Illinois General Assembly, “750 ILCS 5/603.10,” accessed on October 5, 2015

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