What Are Primary Custodial Parent Rights In Illinois?

In Illinois, the term "primary custodial parent" is not used in legal terminology. Instead, the state follows the concept of "allocation of parental responsibilities" or "parenting time" to determine the rights and responsibilities of each parent after a divorce or separation. However, it is important to understand the rights and responsibilities typically associated with the parent who has the majority of parenting time or physical custody of the child.

When a parent is granted the majority of parenting time in Illinois, they are often referred to as the "custodial parent." The custodial parent has the following primary rights and responsibilities:

Physical Custody:
The custodial parent has the right to have the child live with them on a day-to-day basis and make day-to-day decisions regarding the child's upbringing.

Decision-Making Authority:
The custodial parent generally has the authority to make major decisions regarding the child's education, healthcare, religious upbringing, and extracurricular activities. However, important decisions are typically made jointly by both parents, even if one parent has the majority of parenting time.

Child Support:
The non-custodial parent typically has a legal obligation to provide financial support to the custodial parent to help cover the child's expenses. Child support is determined based on statutory guidelines and factors such as the parents' income, the child's needs, and the parenting time arrangement.

Parenting Time:
While the custodial parent has the majority of parenting time, the non-custodial parent has the right to spend meaningful time with the child. The specific parenting time schedule is determined through negotiation or by court order, aiming to provide the child with a continued relationship with both parents.

At Gordon & Perlut, LLC, their experienced family law attorneys understand the complexities of the allocation of parental responsibilities and will fight to protect your rights and the best interests of your child. Whether it's establishing a fair parenting time schedule, making important decisions for your child's well-being, or ensuring proper child support, they are here to guide you through the process.  For more details, visit: https://www.familylawadvocate.com/what-are-primary-custodial-parent-rights-in-illinois/