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