Five Mistakes That Could Affect the Allocation of Parental Responsibilities

 Posted on August 31, 2026 in Child Custody

When parents divorce or separate in Illinois, how they will share time with and responsibility for children must be decided. This is called the allocation of parental responsibilities.

Most parents go into these cases wanting to protect their relationship with their kids. However, letting strong emotions guide your choices during a court case can hurt your position.

If you are facing a parenting case in 2026, a DuPage County, IL parental responsibilities attorney can help you steer clear of steps that weaken your position.

How Does an Illinois Court Decide Parental Responsibilities?

The allocation of parental responsibilities has two parts. One is parenting time, which is the schedule the child spends with each parent. The other is significant decision-making. "Significant" decisions cover things like education, health care, religion, and extracurricular activities.

Illinois courts allocate parenting time and decision-making based on the child's best interests (750 ILCS 5/602.7 and 750 ILCS 5/602.5). When making these allocations, a judge weighs things like:

• The child's needs
• Each parent's past role in caretaking
• The child's ties to their home, school, and community
• The wishes of the parents and the child (if the child is old enough)

If the parents can agree on parenting time and decision-making for the child, the court will often approve their agreement if it is in the child's best interests. When they can't or won't agree, the judge makes decisions after hearing evidence from both sides.

What Are the Five Most Common Mistakes in an Illinois Custody Case?

Some behaviors have the potential to seriously damage your standing in your custody case. Here are a few of the most common.

Letting Anger Drive Your Choices

Strong emotions during debates involving your children are normal. Letting them dictate how you speak about your co-parent around your children and on social media, however, is problematic. Posts, photos, and old messages may be used in your case to help a court determine decision-making and parenting time issues. Angry communications like texts or emails with the other parent might also be used as evidence.

Denying Your Co-Parent Parenting Time with Your Child

Unless there is a real safety concern, keeping the children from the other parent usually works against you. Courts look at whether each parent is willing to support a child's relationship with the other parent. If you truly believe the children are at risk, ask the court to restrict the other parent's time instead of stopping it on your own.

Using Your Child Against Your Ex

Courts disapprove of behaviors like using children as spies, messengers, or bargaining chips between parents. It is not in the best interests of a child to be made the go-between for adult issues. Courts are also watchful of signs that one parent is intentionally working to turn their child against the other parent. In extreme cases, this can be considered parental alienation.

Refusing to Cooperate on Anything

Parents are expected to work together for the well-being of their child. This means communicating about and coming to agreements on issues like schedules. Stonewalling or disagreeing just to spite the other parent can indicate to a court that someone is more concerned about winning an argument than their child's welfare.

Moving Your Child Without Approval

Relocating a child without following the guidelines of Illinois law can seriously hurt your case. In most cases, a relocation requires that written notice be given to the other parent, usually at least 60 days before the move. If the other parent objects, a judge must decide if the move is in the child's best interests.

Qualifying relocations include a move of more than 25 miles if the child's primary residence is in Cook, DuPage, Kane, Lake, McHenry, or Will County. For other Illinois counties, a move of more than 50 miles qualifies as a relocation. Out-of-state moves of more than 25 miles from the primary residence also count.

What If I Don’t Think My Co-Parent Should Have Parenting Time or Decision-Making Responsibilities for Our Child?

Illinois courts start these cases with the assumption that both parents are "fit," or capable of meeting the child's needs. A judge will rarely limit a parent's time unless there is clear proof that being with that parent would seriously harm or endanger the child.

You may be granted sole decision-making authority for your child if the court believes it's in their best interest. The bar for completely denying a parent parenting time, however, is high. It is reasonable to assume that you and your child's other parent will share parenting time in some capacity.

If you are seriously worried about your child's well-being when they are with their other parent, tell your lawyer about your concerns.

Call a Naperville, IL Parenting Time Attorney Today

Custody issues can be very emotionally charged. Having someone to help you keep your composure and make your case can be a game-changer.

The attorneys at Pesce Law Group, P.C. have nearly two decades of experience in Illinois family law. Attorney Don Pesce is Court-approved in DuPage County to serve as a Guardian ad Litem, child representative, or mediator in custody and parenting issues. He has extensive experience with cases involving children.

Call Pesce Law Group, P.C. at 630-352-2240 today to schedule your free consultation with our DuPage County parental responsibilities lawyers.