Parenting Time

A Detailed Breakdown of Section 602.7 of the Illinois Marriage and Dissolution of Marriage Act: Allocation of Parental Responsibilities (formally known as Custody) and Parenting Time.

Section 602.7 of the Illinois Marriage and Dissolution of Marriage Act are comprehensive statutes that provides a detailed legal framework for the allocation of parental responsibilities (formally known as custody) and parenting time in divorce and custody cases. These sections are critical for determining both ‘decision-making responsibilities’ and ‘parenting time’—the two main aspects of parental duties.

The overarching principle in any allocation of parental responsibilities is the “best interests of the child” standard, which is codified in Illinois law. Courts are required to consider a non-exhaustive list of factors when determining both decision-making authority and parenting time. These factors include:

Parenting Time:

Parenting time refers to the actual physical time each parent spends with the child. Section 602.7 establishes that courts must allocate parenting time in a manner that fosters a close relationship between both parents and the child, as long as it aligns with the child’s best interests.

In Illinois, **Section 602.7** of the Illinois Marriage and Dissolution of Marriage Act (IMDMA) pertains to the allocation of **parenting time**. This section outlines factors that courts consider when determining what parenting time arrangement serves the best interests of the child. Below are the key factors the court examines under **Section 602.7(b)**:

  1. The wishes of each parent seeking parenting time.

  2. The wishes of the child, taking into account their maturity and ability to express reasoned and independent preferences.

  3. The amount of time each parent spent performing caregiving functions for the child in the past two years, or since the child’s birth if they are under two years old.

  4. The interaction and interrelationship of the child with his or her parents, siblings, and any other person who may significantly affect the child's best interests.

  5. The child's adjustment to his or her home, school, and community.

  6. The mental and physical health of all individuals involved.

  7. The child's needs, including their emotional, developmental, educational, physical, and special needs.

  8. The distance between the parents’ residences, the cost and difficulty of transporting the child, and the ability of the parents to cooperate in the arrangement.

  9. Whether a restriction on parenting time is appropriate, based on findings of abuse, neglect, or other serious misconduct.

  10. The willingness and ability of each parent to place the child's needs ahead of their own.

  11. The ability of the parents to cooperate in decision-making for the child and to resolve disputes.

  12. The level of conflict between the parents, which may negatively impact the child.

  13. Any prior agreements or conduct of the parents related to caretaking functions with respect to the child.

  14. The wishes of the child, if of sufficient maturity and intelligence to express an independent preference.

  15. Any other factor the court expressly finds to be relevant to the parenting time arrangement.

These factors are considered holistically to ensure the child’s well-being and stability in the allocation of parenting time.