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Custody Law Changes in IL: Decisions for the Child

2016 New Custody Law Changes in IL: Determining Who Makes Decisions for the Child

PER AMENDED CUSTODY LAW 750 ILCS5/602.5 This blog is focused on the new custody law enacted in the state of Illinois and affecting Palatine, Arlington Heights and Rolling Meadows divorce and custody cases. This law went into effect on January 1, 2016 with many significant amendments that were not part of the old custody law.

The newly amended custody law changes in IL, allows for many new provisions to the custody law. It changes somewhat how joint legal custody will be addressed. Under the prior custody act, there were only two real options: Sole Legal Custody and Joint Legal Custody.

Sole Custody: Under a parenting agreement where one of the parents had sole custody, that parent would make all of the decisions for the minor child, pertaining to health, education and religion. The sole custodial parent would at times be required to give the other parent information regarding those items but the sole custodial parent would ultimately make the necessary decisions for the child.

Under Joint Legal Custody, the parties would consult together so as to determine any issues pertaining to the health, education or religion of the minor child. If the parties were not able to agree about these matters then the parties would be referred to mediation. If the issue could not be determined through mediation, then the parties would go to court for a final determination.

Custody Law Changes in IL


The newly amended section 602.5(a) states that:

“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.”

Thus, under the new custody law changes in IL, the court shall now determine which parent shall make each of the necessary decisions regarding the minor child.

For skilled and effective legal guidance through a divorce, custody, visitation or any other family law or bankruptcy law matter in Palatine, Arlington Heights, Rolling Meadows and surrounding areas, contact Jim Kelly today for your free consultation. Find out how he can use his experience to help you find the best solution that suits your needs efficiently and in the most cost-effective manner possible.

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