The Difference Between Legal and Physical Custody in Illinois

 Posted on August 18, 2025 in Child Custody

When parents separate or divorce, one of the most important issues to resolve involves how responsibilities for raising children are divided. In Illinois, the term custody is no longer used. Instead, Illinois law refers to these matters as parental responsibilities. A DuPage County, IL parental responsibilities attorney can guide you through the legal process, including helping you understand how the court allocates parenting obligations.

What Does Parental Responsibilities Mean Under Illinois Law?

The Illinois Marriage and Dissolution of Marriage Act, under 750 ILCS 5/600, divides parental responsibilities into two main categories: significant decision-making authority and parenting time. The change in terminology from "custody" to "parental responsibilities" was designed to move away from a winner-versus-loser mindset and instead emphasize cooperation and the child’s best interests. Parental responsibilities ensure that both parents remain actively involved in the child’s upbringing whenever it is safe and practical.

What Are the Legal Decision-Making Obligations of Parents in Illinois?

Under Illinois law, legal custody is now called the allocation of significant decision-making responsibilities. According to 750 ILCS 5/602.5, these responsibilities may be shared by both parents or granted solely to one parent. The types of decisions for which parental responsibilities need to be addressed typically relate to:

• Education and school-related matters

• Health care and medical treatment choices

• Religious upbringing

• Extracurricular activities and developmental opportunities

If parents share decision-making authority, the court expects them to work together and communicate effectively. In situations where cooperation is not possible, the court may grant one parent the final authority in specific areas to prevent ongoing conflict.

How Do Courts Determine Parenting Time in Illinois?

Parenting time is the modern term for what used to be called physical custody. Under 750 ILCS 5/602.7, the court allocates parenting time between parents based on the best interests of the child, as with all decisions related to children. While equal parenting time is not guaranteed, Illinois law presumes that children are best served when both parents maintain a strong and consistent relationship with them. Courts consider multiple factors when determining what serves a child’s best interests, including:

• The child’s wishes, depending on their maturity and ability to express preferences

• The child’s adjustment to home, school, and community

• The past caretaking roles of each parent

• The ability of each parent to place the child’s needs above personal conflict

• Whether there is a history of domestic violence in the family

• The mental and physical health of all parties involved

• The willingness of each parent to encourage a close relationship between the child and the other parent

Schedule a Free Consultation with a Wheaton, IL Parental Responsibilities Attorney

If you are facing decisions about parental responsibilities, the DuPage County, IL child custody lawyers at Andrew Cores Family Law Group can provide knowledgeable guidance to protect your parental rights and your child’s well-being. Attorney Andrew P. Cores, recognized as an Illinois Super Lawyer every year since 2012, brings respected experience to family law matters. He is also a Fellow of the Collaborative Law Institute of Illinois and a past member of its TEC Committee, reflecting his commitment to collaborative solutions. Call 630-871-1002 today to schedule a free consultation with a dedicated legal representative.