Decision-Making Responsibilities in Cook County, Illinois

When you go through a divorce or separation in Cook County, one of the most important parts of your parenting plan involves deciding who will make major decisions for your child. Illinois law calls this the “allocation of significant decision-making responsibilities,” which replaces what many people used to call legal custody.

Under 750 ILCS 5/602.5, courts focus on one main goal: protecting your child’s best interests.

Key Decision-Making Areas

You and the other parent must decide—or the court will decide—who has authority in four key areas:

  1. Education: You make decisions about schools, tutoring, and educational programs.
  2. Healthcare: You handle medical, dental, and mental health care, including choosing providers.
  3. Religion: You decide your child’s religious upbringing, including practices and schooling.
  4. Extracurricular Activities: You choose activities like sports, clubs, and other programs.

How Courts Make Decisions

If you and the other parent cannot agree, a judge will step in and evaluate several factors to determine what serves your child’s best interests.

  • Your child’s wishes: If your child is mature enough, the judge may consider their preferences.
  • Adjustment and stability: The court looks at how well your child is doing at home, in school, and in the community.
  • Health of everyone involved: The mental and physical health of both parents and the child matters.
  • Parental cooperation: The judge evaluates whether you and the other parent can work together or if conflict prevents shared decision-making.
  • Past involvement: The court reviews each parent’s history of making important decisions for the child.
  • Prior behavior and agreements: The judge considers past patterns and any agreements you previously followed.
  • Your child’s needs: The court focuses on your child’s unique emotional, physical, and developmental needs.
  • Logistics: Distance between homes, schedules, and transportation all play a role.
  • Support for the other parent relationship: Courts favor parents who encourage a strong relationship between the child and the other parent.
  • Safety concerns: The judge carefully considers any history of violence, threats, or abuse.
  • Sex offender status: The court reviews any relevant history and its impact on the child.
  • Other relevant factors: Judges can consider anything else that affects your child’s well-being.

What This Means for You

You don’t always have to share decision-making equally. If conflict is high or cooperation is not possible, the court may give one parent full authority in certain areas to protect the child’s best interests.

Get the Right Support

Making these decisions can feel overwhelming, but you don’t have to navigate them alone. An experienced Cook County family law attorney can help you understand your options, advocate for your child, and build a plan that supports your family’s future.