Parenting time and parental responsibility are child custody terms used to differentiate physical parenting rights versus the right and responsibility to make important decisions that are in a child’s best interests. The presumption is that parents will share parental responsibility and parenting time, but when there are areas of contention that impact a child’s well being, a modification to the custody order may be necessary.
When it comes to parental responsibility particularly, parents may not agree on issues such as what health interventions a children will undergo, how a child will be educated, or under what religious upbringing a child will be raised. When disputes arise, a court may grant one parent all legal decision making authority or establish areas in which one parent will maintain sole discretion.
Navigating which parent will have authority to make decisions boils down to what is in the child’s best interests. For example, one parent may be awarded primary parental responsibility because they have demonstrated a longstanding commitment to the child’s overall needs such as arranging play dates, taking them to regular doctors’ appointments, preparing nutritious meals, and spending time with the child when compared to a parent who is not involved in the child’s life. Every situation is unique, but certainly there are circumstances where it is in the child’s best interests for one parent to have sole decision making authority.
Others times, parents may not agree on a particular issue such as religious upbringing resulting in stress and anxiety for a child. The court will take into account the overall situation, frowning upon a parent who fails to cooperate and facilitate communication to reach a reasonable compromise resulting in undue stress for the child. In cases such as this, the court may award decision making authority regarding religious upbringing to one parent, while leaving other important decisions up to both parents.
It is important to note, however, that the court cannot abuse its discretion in awarding sole decision making authority. Singular disagreements such as whether a child will attend Sunday school should not necessarily abrogate the other parents joint legal custody as to the child’s overall religious upbringing, nor should disagreements regarding a certain health intervention, such as orthodontic treatments, broadly apply to losing decision making authority in all areas of health. Parents will either share parental responsibility in all decisions, work together to divide decisions depending on the issue, or request a modification to the child custody order when compromise is not possible.
When you have questions regarding a child custody dispute regarding parental responsibility, contact the Illinois child custody lawyer Ronald L. Bell & Associates for help 847-495-6000.