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Decision Making and Parenting Time

750 ILCS 5/602.7 — allocated by the child's best interests, with both parents presumed fit

Illinois speaks of parental responsibilities rather than custody. The court allocates decision making, and parenting time, according to the child's best interests, unless the parents agree in writing on decision making, or present a written parenting plan the court approves.

  • 750 ILCS 5/602.5
  • 750 ILCS 5/602.7
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Who handles this in Illinois: Illinois Legal Aid Online and Legal Aid Chicago; and legal aid programs, lawyer referral and the state offices, listed in the Illinois directory.

  • Education, including the choice of schools and tutors.
  • Health, including medical, dental and psychological needs and treatment.
  • Religion, following any express or implied agreement between the parents.
  • Extracurricular activities.
  • 750 ILCS 5/602.5

Both parents are presumed fit, and the court places no restriction on parenting time unless it finds by a preponderance of the evidence that a parent's parenting time would seriously endanger the child's physical, mental, moral or emotional health.

  • 750 ILCS 5/602.7

Among the factors the court weighs are each parent's wishes, the child's wishes as maturity allows, and each parent's share of caretaking in the 24 months before the petition. Nothing requires that each parent be given decision making responsibility.

  • 750 ILCS 5/602.7
  • 750 ILCS 5/602.5
Sources for this section (2)
  1. 750 ILCS 5/602.5 — Allocation of parental responsibilities: decision-making
  2. 750 ILCS 5/602.7 — Allocation of parental responsibilities: parenting time

Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Illinois attorney.

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