Five Terms to Know if You Are Getting Divorced with Children in Illinois

 Posted on January 16, 2025 in Divorce

Although divorce as a concept is fairly well understood, each state handles the details differently, including the words that are used to describe well-known concepts. Illinois, in particular, has laws that use different words and phrases than most of us are used to when it comes to divorce and child custody.

If you are considering a divorce and have children under the age of 18, the definitions of these terms will be important for you to know. Read through this list and then call our Illinois divorce attorney for more information.

What Does "Parental Responsibilities" Mean in Illinois? 

This is one of the most frequently asked questions from people getting divorced in Illinois. Formerly known as custody and visitation, the term "parental responsibilities" covers the entire spectrum of what parents are expected to do for their children. Parental responsibility is broken down into three further categories: 

Parenting Time

Illinois’ current laws use the term "parenting time" in place of "visitation." When a divorced or separated parent is responsible for taking care of his or her child, this is considered parenting time.

Parenting time is scheduled in the parenting plan that is part of every divorce decree when minor children are involved. The parenting plan must have specific details about which parent has parenting time on which days during the school year, summer vacation, and holidays.

Caretaking Functions

Caretaking functions are the things a parent is expected to provide for a child during that parent’s parenting time. Caretaking functions include feeding a child, managing a child’s daily schedule, caring for a child’s hygiene, making sure a child is at school, helping a child have good relationships with other family members, and more.

Significant Decision-Making Responsibilities 

When a child is with a parent, that parent helps the child make small decisions every day – what to eat, what to wear, or whether a homework assignment is completed well enough. However, when it comes to big decisions, parents are assigned "significant decision-making responsibilities" in the parenting plan.

Sometimes parents share decision-making responsibilities, sometimes one parent handles certain decisions while one parent handles others, and other times one parent has full decision-making responsibilities while the other parent just has parenting time.

Significant decision-making responsibilities relate to matters that generally fall into four main categories: 

• Religious upbringing

• Education

• Healthcare

• Extracurricular activities 

Relocation

Although everyone knows what the word "relocation" means, when it comes to children after a divorce, relocation has a specific legal meaning. If a parent wants to move with a child, there are rules about when that parent has to get permission from the child’s other parent or the court’s approval. The rules depend on where the parent lives and how far away he or she wants to move, so talk to an attorney to find out exactly what relocation will mean for you.

Call Our Barrington, IL Divorce Lawyer for a Free Consultation

At The Law Office of Nicholas W. Richardson, P.C., we pride ourselves on making the divorce process straightforward and easy for the average person to understand. We will answer your questions, help you strategize, and design a roadmap for your divorce that makes sense for your unique situation.

Call our Inverness, IL family law attorney at 847.873.6741 to schedule a free consultation and get started.