Allocation of Parental Responsibilities in Illinois

What the term means and why custody changed

Since January 1, 2016, when Public Act 99-90 took effect, the Illinois Marriage and Dissolution of Marriage Act uses "allocation of parental responsibilities" instead of custody and "parenting time" instead of visitation. The Cook County Domestic Relations Division still labels these case types "formerly custody" and "formerly visitation."

Under 750 ILCS 5/600, parental responsibilities means two things: significant decision-making and parenting time. A petition for allocation of parental responsibilities asks the judge to decide both, or to approve the parents' written agreement on both.

Decision-making responsibility and parenting time

Significant decision-making

Section 602.5 lists four significant issues: education, including schools and tutors; health, including medical, dental and psychological care; religion; and extracurricular activities. The court can give each issue to one parent or to both. Nothing in the statute requires that each parent receive decision-making. Whoever has the child handles routine decisions and emergency health and safety decisions during that parent's parenting time.

Parenting time

Under Section 602.7, the court allocates parenting time unless the parents present an agreed written plan that the court approves. The law presumes both parents are fit. A judge cannot restrict a parent's time unless a preponderance of the evidence shows the time would seriously endanger the child's physical, mental, moral or emotional health. The statute does not set a standard schedule or a presumption of equal time.

Parenting time also affects child support. Today Illinois uses a shared physical care calculation when each parent has 146 or more overnights a year. Starting January 1, 2027, Public Act 104-0733 lowers that threshold to 110 overnights. See our guide to the 2026 to 2027 child support rule change.

Filing a petition for allocation

Married parents

For married parents, allocation is part of the divorce, legal separation or invalidity case under Section 601.2(b)(1). Under Section 401(b), a divorce judgment cannot be entered until the court has considered, approved, reserved or made provision for the parenting issues. Our guide to the petition for dissolution of marriage explains that filing.

Unmarried parents after parentage

Unmarried parents file a petition for allocation in the county where the child lives. Legal parentage comes first, through a Voluntary Acknowledgment of Parentage or a court judgment. Read how to establish paternity in Illinois and whether signing a VAP gives parenting time.

A person who is not a parent can file only in narrow situations, for example when the child is not in the physical custody of either parent. The person filing must serve written notice and a copy of the petition on each parent, any guardian and certain others at least 30 days before any hearing, under Section 601.2(c). Either side may ask for temporary orders while the case is pending; see our guide to motions for temporary relief.

The parenting plan deadline

Under Section 602.10, each parent must file a proposed parenting plan, jointly or separately, within 120 days after service or filing of the petition for allocation. The court can extend that time for good cause, and if the respondent never files an appearance, no parenting plan is required unless the court orders one. If no plan is filed at all, the court holds an evidentiary hearing.

A parenting plan must cover, at a minimum:

• Who has each significant decision-making responsibility.
• A schedule of where the child lives on given days, or a formula detailed enough to enforce.
• A mediation provision for future disagreements, unless one parent has all decision-making.
• Each parent's access to school, medical and activity records.
• Which parent has the majority of parenting time, and the child's school address.
• At least 60 days' written notice before a parent changes residence.
• Transportation, communication with the child, travel and emergency notice.

Parents may also include a right of first refusal. Addresses and contact details can be left out when there is a history of domestic violence or abuse.

Best interest factors the judge weighs

The statute gives separate factor lists for decision-making and for parenting time. They overlap.

Both lists end with any other factor the court finds relevant. The judge may not consider a parent's conduct that does not affect that parent's relationship with the child. In disputed cases the court may also appoint a guardian ad litem or order an evaluation; see how to request a guardian ad litem in Illinois.

Mediation and the allocation judgment

Section 602.10(c) directs the court to order mediation unless it finds impediments. Illinois Supreme Court Rule 905 requires every circuit to run a mediation program for these cases. In Cook County, mediation is mandatory for initial allocation disputes unless an impediment such as family violence exists, and parents without a private mediator are referred to Family Mediation Services under Cook County Circuit Court Rule 13.4.

Parents also complete a parenting education program. Supreme Court Rule 924 requires it no later than 60 days after the initial case management conference unless excused. In Cook County the program is Focus on Children or an authorized online class, and a final allocation judgment generally is not entered until both parents file completion certificates. See our guide to the parenting class in Cook County.

An agreed parenting plan binds the court unless the judge finds it is not in the child's best interests. Without an agreement, the judge holds a hearing or trial and enters an allocation judgment. Supreme Court Rule 922 calls for resolution within 18 months from service to final order unless the time is extended for good cause. The judgment is final for appeal and for later changes under Section 610.5; see when to modify a parenting plan.

Step by step in Cook County

1. File the petition, or the divorce petition, in the Domestic Relations Division with the cover sheet the clerk requires. Filing fees vary; check with the Clerk of the Circuit Court.
2. Have the other parent served. A respondent generally has 30 days after service to file an appearance and response.
3. Complete the parenting education program.
4. File your parenting plan within 120 days.
5. Attend mediation unless excused for an impediment.
6. Ask for temporary orders, a guardian ad litem or an evaluation if needed.
7. Settle by agreed plan, or prepare for hearing.

Bring the child's birth certificate, any parentage papers, school and medical information, a calendar of the current schedule, both parents' work schedules and copies of important messages.

What the other parent can do

The other parent can file an appearance and response, submit a competing parenting plan, ask for temporary parenting time, raise an impediment to mediation, request a guardian ad litem or evaluation, or agree to some or all terms. Agreements on part of the schedule still narrow what the judge must decide.

Common mistakes to avoid

• Missing the 120-day plan deadline. Ask for an extension before it passes.
• Writing a vague schedule. "As the parents agree" is hard to enforce. Use days, times and exchange locations.
• Assuming equal time is automatic. No statute presumes a 50/50 schedule.
• Skipping the parenting class. Missing certificates can delay the judgment.
• Moving without notice. Plans require 60 days' notice of a residence change, and longer moves may be a relocation.

How Chicago Family Attorneys can help

Chicago Family Attorneys handles family law only from 53 W Jackson Blvd, Suite 752, in the Chicago Loop, serving Cook, DuPage, Will and Lake Counties. Attorney Aaron Korson can prepare or answer a petition for allocation, draft a parenting plan, prepare you for mediation and represent you at hearings. Learn more on our Chicago child custody services, fathers' rights and mothers' rights pages.

• Limited scope. Drafting a petition for allocation is a flat fee of $500, and one limited-scope court appearance is a flat fee of $1,200.
• Full representation. An initial payment of $1,500 to $2,500, then $500 to $650 per month beginning 30 days after the initial payment while representation remains active.
• Self Represented Documents. For an initial custody case you handle yourself, a $399 flat fee covers document preparation, attorney document review and one 60-minute advice call. See Self Represented Documents.

Court filing fees and other costs are separate. See child custody lawyer costs and our guide on what a child custody lawyer does.