What Are Parental Rights and Responsibilities?

 Posted on October 27, 2026 in Child Custody

During an Illinois divorce, parental rights and responsibilities must be allocated. This means that each parent must be assigned specific responsibilities toward their children. Parental responsibilities include making important decisions about the child's upbringing and spending time with them. The list of parental rights and responsibilities assigned to each parent will be included in a parenting plan. This document covers things like which parent will see the child and when, and who is tasked with making different decisions.

Most parents are able to establish a parenting plan and allocate responsibilities by agreement with the help of a mediator. Others may need to go to Court and have a Judge sort out each parent’s rights and duties. A Cook County, IL child custody lawyer can help you determine what responsibilities must be accounted for in your particular case. At The Law Office of Nicholas W. Richardson, P.C., we have over 20 years of legal experience, allowing us to handle custody cases with confidence.

What Responsibilities Should Be Addressed in a 2026 Parenting Plan?

Many different parental rights and responsibilities need to be addressed during the divorce process in Illinois. Some of these duties include:

Custody Schedules

One of the most important parts of a parenting plan is a schedule for when each parent will be physically caring for the children. Illinois law refers to this as the "allocation of parenting time," also known as a custody schedule. Consider each parent's work schedule, the children's needs, and anything else that is important for your family.

Medical Consent 

One or both parents will need to be allocated the responsibility of making medical decisions and consenting to treatment on the child's behalf. This also usually includes decisions about mental health care.

Schooling

Making provisions regarding your child's education and each parent's contribution is a factor. Which parent should decide where the child attends school? Will both parents share the cost of a college education or private school?

Child Support 

Child support is a critical part of the divorce process, as to how each parent will contribute financially to the child's expenses. Usually, one parent will be ordered to pay child support, but this arrangement may not make sense if you share parenting time 50/50.

Religious Education

Will the child be raised in a particular faith? Should one or both parents be able to take the child to religious services? Parents should determine whether one or both of them should have a responsibility to further the child's religious training.

Should a Parenting Plan Cover Communication Between Parents?

A parenting plan should explain how parents will communicate with each other about their children. Clear rules can prevent many arguments after a divorce. Parents who once shared a home now have to share information across two homes. Without a plan, small problems like a missed pickup or a late school form can turn into big fights.

Parents can choose one main way to talk, such as text, email, or a co-parenting app. Many families like co-parenting apps since the apps keep a record of every message. The plan can also set a time limit for replies, such as 24 hours for routine questions. Emergencies, like a trip to the hospital, should trigger a phone call right away.

A good plan also protects children from conflict between their parents. Parents can agree not to pass messages through the kids. They can also agree not to speak badly about each other in front of the children. The plan should state when the children can call or video chat with the other parent. Illinois law allows a parenting plan to include rules for this kind of contact.

Can Parents Submit a Joint Parenting Plan in Illinois?

Illinois parents can submit a joint parenting plan if they agree on how to raise their children after divorce. Each parent must file a proposed plan within 120 days of filing a petition for the allocation of parental responsibilities or after being served with papers for a custody case (750 ILCS 5/602.10). Parents who agree can file one plan together instead of two separate ones.

A joint plan often saves time and money. Parents who work out the details on their own usually spend less on legal fees. They also keep more control over the result. A Judge does not know your family the way you do. A plan written by both parents can reflect real family routines, like sports practice, holiday traditions, and work shifts.

Parents who cannot agree on every point can still file separate plans. Many Illinois courts send parents to mediation first. A mediator is a neutral person who helps parents find common ground. Parents who reach an agreement in mediation can turn it into a joint plan. Any issues they still cannot settle will go to the Court for a decision.

Will a Judge Approve My Parenting Plan?

A Judge will approve a parenting plan only if the plan serves the best interests of the child. Illinois Judges review every plan, even one that both parents signed. In most cases, a Judge accepts an agreed plan. Still, the Judge may reject or change a plan that seems unfair or harmful to the child.

Judges look more closely at plans in contested cases. A Judge weighs many factors before deciding how to divide parenting time and duties, including:

• The child’s wishes, based on the child’s age and maturity
• Each parent’s past role in caring for the child
• The child’s adjustment to home, school, and community
• The mental and physical health of everyone involved
• Each parent’s willingness to support the child’s bond with the other parent
• Any history of abuse or violence in the home

No single factor decides the case on its own. The Judge may also appoint a guardian ad litem to look into the family’s situation. Parents can improve their chances by filing a plan that is clear, detailed, and focused on the child. A plan that blames the other parent or leaves out key details is less likely to hold up.

Contact a Barrington, IL, Family Law Attorney

The Law Office of Nicholas W. Richardson, P.C. is committed to helping parents make the best possible parenting plans. Attorney Nicholas Richardson, a notable Cook County, IL divorce lawyer, can help you make a thorough plan that accounts for your unique situation. Contact us at 847.873.6741 to schedule a free consultation.