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Allocation of Parental Responsibilities - Previously Known As Child Custody

As of January 1, 2016, the terms “custody” and “visitation” has been eliminated from the new Illinois Marriage and Dissolution of Marriage Act (“IMDMA”).  They have been replaced instead by “allocation of parental responsibility” and “parenting time.”  

Illinois law now requires parents to present a “parenting plan” within 120 days from the filing of the petition for dissolution of marriage.  If the parties can agree, they submit a single parenting plan.  If they cannot agree, they must submit separate plans.   

Also under the new law, the grounds for getting a divorce have changed.  Parties seeking a divorce no longer can cite grounds such as adultery, mental anguish, impotence, habitual drunkenness and other "fault" grounds.  Now, the only ground for dissolving a marriage is irreconcilable differences.

There are also changes to the waiting period for a divorce.  Under the previous law, parties who cite irreconcilable differences had to prove they lived separate and apart from their spouse for two years.  Now, married couples only need to live separate and apart for six months.

There is no one standard parenting time arrangement. The order may be modified if substantial circumstances are warranted. When the parties do not agree on the allocation of parental duties, the court will require that they resolve their differences through mediation, psychological evaluation and/or the appointment of an attorney to represent the children. If the parents are still not able to settle the allocation of parental times and responsibilities, then the issues are presented to court and a judge decides the arrangement at trial.

Cartwright Law has successfully litigated and obtained favorable judgements and settlements, including interstate child custody disputes. Allow us to assist in resolving your current family situation today. Contact Us for a free 30-minute consultation.