As of January 1, 2016, the term "Custody" in Illinois has changed to "Allocation of Parental Responsibility", which includes Parental Time, Parental Responsibilities, Parenting Plans and Relocation.
Allocation of Parenting Time
The Court will look to the children's best interests in allocating parenting time. If the parents can agree, a parenting plan must be submitted to the court. If not agreed, each parent must submit their plan within 120 days of fililing the Petition for Dissolution of Marriage. This time frame can be tolled for good cause, such as mediation, which is still required by the Court prior to a hearing on Allocation of Parenting Time. If no plan is filed, the Court will hold a hearing. The Court determines Parenting Time based on the children's best interests against 17 factors listed in the statute.
Allocation of Parental Responsibility
The Court will look to the children's best interest in allocating parental responsibilities. The Court no longer has to chose one parent for all responsibilities, the Court now allocates who has decision making responsibilities regarding the children's health, education, religion and extracurricular activities.
Parenting Plan forms are now required.
Relocation of a Parent
If a parent resides in Cook, DuPage and Will Counites, the parent can move 25 miles from the initial residence; other counties in Illinois, the parents can move 50 miles from the initial residence.
If a parent moves outside Illinois, a parent ca move within 25 miles of the initial residence and Illinois retains jurisdiction over the case.