Aurora Family Law Attorney

Decision Making Authority

Effective January 01, 2016, there are major changes to the Illinois Marriage and Dissolution of Marriage Act. Parents will no longer be granted joint decision making authority or sole decision making authority, but rather the courts will allocate "decision making authority" over the children. The term "decision making authority" refers to the amount of authority a parent has over the child(ren) with regards to: Health decisions, education, religion and extra curricular activities.

Thus, a parent with a "majority of decision making authority" will have more decision making authority over the child(ren), whereas parents with "equal decision making authority", will have equal decision making authority over the child(ren). Decision making authority is different from parenting time, in that an award of a majority of decision making authority over a child does not necessarily preclude the other parent from parenting time. Parenting time is a right for the non-residential parent, absent some type of harmful abuse to the minor child. Parties may submit an agreed upon parenting plan, or the court may, after hearing, award a majority or equal parenting time to either party.

Contact us at 630-901-8700 today to schedule a consultation and

receive legal counsel for your family law matters.

Residential Custody: Residential custody is typically defined as the primary residence of the child(ren). The primary residence of the child(ren) will typically be with either spouse and is usually for school purposes only. Residential Custody has no bearing on decision making authority or parenting time.

Legal Issues in Child Decision Making Authority Matters

Even in uncontested divorce negotiations, the most common issues you will have to address are:

Contact an Aurora family law attorney for legal representation in any divorce matter today.

(630) 901-8700

The Law Offices of David Lee is available in Kane, Kendall, Dupage, and Dekalb Counties


  • The Law Offices of David Lee Attorney David Lee is trustworthy, consistent and reliable.
  • The Law Offices of David Lee I hired David as my lawyer because I felt comfortable with him right away.
  • The Law Offices of David Lee My case was dismissed and I still have my job!
  • The Law Offices of David Lee David is VERY helpful and is ALWAYS available to answer my questions.
  • The Law Offices of David Lee I would highly recommend him to anyone considering a divorce.
  • The Law Offices of David Lee David Lee is responsive, knowledgeable and trustworthy and will give it to you straight.
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