In most cases in which a child has two known, living parents, Illinois courts will determine that it is in the child’s best interest for both parents to share custody. In fact, in 2016, the state of Illinois changed the laws and language surrounding child custody so that the term “custody” is no longer officially used. Instead, these decisions are now referred to as the allocation of parental responsibilities and parenting time, out of recognition of the benefits of a cooperative arrangement. However, there are still situations in which a parent or another party acting on the child’s behalf can legally challenge the other parent’s rights to parenting time and parental responsibilities.
When Can a Parent Be Denied Parenting Time or Responsibilities?
First and foremost, an Illinois court will seek to establish a parenting agreement that serves the child’s best interests. It may be considered in the child’s best interests to restrict or deny one or both parents’ rights to parenting time and decision-making responsibilities if the parent:
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