Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process.
Recent laws may not yet be included in the ILCS database, but they are found on this site as Public
soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the
Because the statute database is maintained primarily for legislative drafting purposes,
statutory changes are sometimes included in the statute database before they take effect.
If the source note at the end of a Section of the statutes includes a Public Act that has
not yet taken effect, the version of the law that is currently in effect may have already
been removed from the database and you should refer to that Public Act to see the changes
made to the current law.
(750 ILCS 5/602.5)
Allocation of parental responsibilities: decision-making.
(a) Generally. The court shall allocate decision-making responsibilities according to the child's best interests. Nothing in this Act requires that each parent be allocated decision-making responsibilities.
(b) Allocation of significant decision-making responsibilities. Unless the parents otherwise agree in writing on an allocation of significant decision-making responsibilities, or the issue of the allocation of parental responsibilities has been reserved under Section 401, the court shall make the determination. The court shall allocate to one or both of the parents the significant decision-making responsibility for each significant issue affecting the child. Those significant issues shall include, without limitation, the following:
(1) Education, including the choice of schools and
(2) Health, including all decisions relating to the
medical, dental, and psychological needs of the child and to the treatments arising or resulting from those needs.
(3) Religion, subject to the following provisions:
(A) The court shall allocate decision-making
responsibility for the child's religious upbringing in accordance with any express or implied agreement between the parents.
(B) The court shall consider evidence of the
parents' past conduct as to the child's religious upbringing in allocating decision-making responsibilities consistent with demonstrated past conduct in the absence of an express or implied agreement between the parents.
(C) The court shall not allocate any aspect of
the child's religious upbringing if it determines that the parents do not or did not have an express or implied agreement for such religious upbringing or that there is insufficient evidence to demonstrate a course of conduct regarding the child's religious upbringing that could serve as a basis for any such order.
(4) Extracurricular activities.
(c) Determination of child's best interests. In determining the child's best interests for purposes of allocating significant decision-making responsibilities, the court shall consider all relevant factors, including, without limitation, the following:
(1) the wishes of the child, taking into account the
child's maturity and ability to express reasoned and independent preferences as to decision-making;
(2) the child's adjustment to his or her home,
(3) the mental and physical health of all individuals
(4) the ability of the parents to cooperate to make
decisions, or the level of conflict between the parties that may affect their ability to share decision-making;
(5) the level of each parent's participation in past
significant decision-making with respect to the child;
(6) any prior agreement or course of conduct between
the parents relating to decision-making with respect to the child;
(7) the wishes of the parents;
(8) the child's needs;
(9) the distance between the parents' residences, the
cost and difficulty of transporting the child, each parent's and the child's daily schedules, and the ability of the parents to cooperate in the arrangement;
(10) whether a restriction on decision-making is
appropriate under Section 603.10;
(11) the willingness and ability of each parent to
facilitate and encourage a close and continuing relationship between the other parent and the child;
(12) the physical violence or threat of physical
violence by the child's parent directed against the child;
(13) the occurrence of abuse against the child or
other member of the child's household;
(14) whether one of the parents is a sex offender,
and if so, the exact nature of the offense and what, if any, treatment in which the parent has successfully participated; and
(15) any other factor that the court expressly finds
(d) A parent shall have sole responsibility for making routine decisions with respect to the child and for emergency decisions affecting the child's health and safety during that parent's parenting time.
(e) In allocating significant decision-making responsibilities, the court shall not consider conduct of a parent that does not affect that parent's relationship to the child.
(Source: P.A. 99-90, eff. 1-1-16