ILCS » Chapter 750 · Act 5
Illinois Compiled Statutes

750 ILCS 5/602.5 (2026)

Allocation of parental responsibilities: decision-making

✓ current as of May 2026
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(750 ILCS 5/602.5)
    Sec. 602.5. Allocation of parental responsibilities: decision-making.
    (a) Generally. The court shall allocate decision-making responsibilities according to the child's best interests. Nothing in this Act requires that each parent be allocated decision-making responsibilities.
    (b) Allocation of significant decision-making responsibilities. Unless the parents otherwise agree in writing on an allocation of significant decision-making responsibilities, or the issue of the allocation of parental responsibilities has been reserved under Section 401, the court shall make the determination. The court shall allocate to one or both of the parents the significant decision-making responsibility for each significant issue affecting the child. Those significant issues shall include, without limitation, the following:
        (1) Education, including the choice of schools and
    
tutors.
        (2) Health, including all decisions relating to the
    
medical, dental, and psychological needs of the child and to the treatments arising or resulting from those needs.
        (3) Religion, subject to the following provisions:
            (A) The court shall allocate decision-making
        
responsibility for the child's religious upbringing in accordance with any express or implied agreement between the parents.
            (B) The court shall consider evidence of the
        
parents' past conduct as to the child's religious upbringing in allocating decision-making responsibilities consistent with demonstrated past conduct in the absence of an express or implied agreement between the parents.
            (C) The court shall not allocate any aspect of
        
the child's religious upbringing if it determines that the parents do not or did not have an express or implied agreement for such religious upbringing or that there is insufficient evidence to demonstrate a course of conduct regarding the child's religious upbringing that could serve as a basis for any such order.
        (4) Extracurricular activities.
    (c) Determination of child's best interests. In determining the child's best interests for purposes of allocating significant decision-making responsibilities, the court shall consider all relevant factors, including, without limitation, the following:
        (1) the wishes of the child, taking into account the
    
child's maturity and ability to express reasoned and independent preferences as to decision-making;
        (2) the child's adjustment to his or her home,
    
school, and community;
        (3) the mental and physical health of all individuals
    
involved;
        (4) the ability of the parents to cooperate to make
    
decisions, or the level of conflict between the parties that may affect their ability to share decision-making;
        (5) the level of each parent's participation in past
    
significant decision-making with respect to the child;
        (6) any prior agreement or course of conduct between
    
the parents relating to decision-making with respect to the child;
        (7) the wishes of the parents;
        (8) the child's needs;
        (9) the distance between the parents' residences, the
    
cost and difficulty of transporting the child, each parent's and the child's daily schedules, and the ability of the parents to cooperate in the arrangement;
        (10) whether a restriction on decision-making is
    
appropriate under Section 603.10;
        (11) the willingness and ability of each parent to
    
facilitate and encourage a close and continuing relationship between the other parent and the child;
        (12) the physical violence or threat of physical
    
violence by the child's parent directed against the child;
        (13) the occurrence of abuse against the child or
    
other member of the child's household;
        (14) whether one of the parents is a sex offender,
    
and if so, the exact nature of the offense and what, if any, treatment in which the parent has successfully participated; and
        (15) any other factor that the court expressly finds
    
to be relevant.
    (d) A parent shall have sole responsibility for making routine decisions with respect to the child and for emergency decisions affecting the child's health and safety during that parent's parenting time.
    (e) In allocating significant decision-making responsibilities, the court shall not consider conduct of a parent that does not affect that parent's relationship to the child.
(Source: P.A. 99-90, eff. 1-1-16.)

    
Notes of Decisions
Cited in 81 cases (62 in the last 5 years), 2016–2026 · leading case: In re Custody of G.L., 2017 IL App (1st) 163171 (Ill. App. Ct. 2017).
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In re Custody of G.L., 2017 IL App (1st) 163171 (Ill. App. Ct. 2017). · cites it 5× “See 750 ILCS 5/602.5(c) (West Supp. 2015). Ten factors in the subsections are identical.”
Jameson v. Williams, 2020 IL App (3d) 200048 (Ill. App. Ct. 2020). · cites it 2× “” 750 ILCS 5/602.5(a) (West 2018). In arriving at that decision, the court must consider all relevant factors, including: 16 “(1) the wishes of the child, taking into account the child’s maturity and ability to express reasoned and independent preferences as to decision-making;…”
Young v. Herman, 2018 IL App (4th) 170001 (Ill. App. Ct. 2018). · cites it 2× “This Case ¶ 66 Kourtney raises multiple arguments in support of her contention that the trial court's allocation of decision-making responsibilities was against the manifest weight of the evidence.”
In re Marriage of Katsap, 2022 IL App (2d) 210706 (Ill. App. Ct. 2022). · cites it 2× “6 The parties have clarified that the escrow is related to the surrogacy undertaking rather than the embryos.”
In re Oliver B., 2016 IL App (2d) 151136 (Ill. App. Ct. 2016). · cites it 2× “1, 2016) (adding 750 ILCS 5/602.5)). That law took effect on January 1, 2016, after this appeal was filed, but before either party had filed a brief.”
In re Custody of G.L., 2017 IL App (1st) 163171 (Ill. App. Ct. 2017). · cites it 2× “She argues that Gould’s testimony regarding education was speculative and irrelevant to the court’s best interest determinations.”
Young v. Herman, 2018 IL App (4th) 170001 (Ill. App. Ct. 2018). · cites it 2× “Although the Dissolution Act now refers to “decision-making responsibilities” instead of “custody” (750 ILCS 5/602.5 (West 2016)), we continue to apply the same standard of review, which is the manifest weight of the evidence.”
In re Marriage of Palarz, 2022 IL App (1st) 210618 (Ill. App. Ct. 2022). “3d 894, 902 (1996); 750 ILCS 5/602.5(a) (West 2018); 750 ILCS 5/602.”
Jameson v. Williams, 2020 IL App (3d) 200048 (Ill. App. Ct. 2020). “” 750 ILCS 5/602.5(a) (West 2018). In arriving at that decision, the court must consider all relevant factors, including: “(1) the wishes of the child, taking into account the child’s maturity and ability to express reasoned and independent preferences as to decision-making; (2)…”
In re S.F., 2020 IL App (2d) 190248 (Ill. App. Ct. 2020). “In considering the factors set forth in the Marriage Act (750 ILCS 5/602.5 (West 2016)) for determining a minor’s best interests, the court emphasized the court- appointed psychologist’s recommendation that S.”
Sadler v. Pulliam, 2022 IL App (5th) 220213 (Ill. App. Ct. 2022). · cites it 3× “7 of the Act (750 ILCS 5/602.5, 602.7 (West 2020)) govern those determinations and provide that circuit courts must allocate these parental responsibilities according to the child’s best interest.”
In re Marriage of Gorr, 2024 IL App (3d) 230412-U (Ill. App. Ct. 2024). · cites it 2× “750 ILCS 5/602.5, 607.5, 610.5 (West 2020).”
Show all 81 citing cases →
— 750 ILCS 5/602.5(a) — 33 cases
Jameson v. Williams, 2020 IL App (3d) 200048 (Ill. App. Ct. 2020). “” 750 ILCS 5/602.5(a) (West 2018). In arriving at that decision, the court must consider all relevant factors, including: 16 “(1) the wishes of the child, taking into account the child’s maturity and ability to express reasoned and independent preferences as to decision-making;…”
Young v. Herman, 2018 IL App (4th) 170001 (Ill. App. Ct. 2018). “This Case ¶ 66 Kourtney raises multiple arguments in support of her contention that the trial court's allocation of decision-making responsibilities was against the manifest weight of the evidence.”
In re Marriage of Palarz, 2022 IL App (1st) 210618 (Ill. App. Ct. 2022). “3d 894, 902 (1996); 750 ILCS 5/602.5(a) (West 2018); 750 ILCS 5/602.”
Jameson v. Williams, 2020 IL App (3d) 200048 (Ill. App. Ct. 2020). “” 750 ILCS 5/602.5(a) (West 2018). In arriving at that decision, the court must consider all relevant factors, including: “(1) the wishes of the child, taking into account the child’s maturity and ability to express reasoned and independent preferences as to decision-making; (2)…”
Young v. Herman, 2018 IL App (4th) 170001 (Ill. App. Ct. 2018). “Although the Dissolution Act now refers to “decision-making responsibilities” instead of “custody” (750 ILCS 5/602.5 (West 2016)), we continue to apply the same standard of review, which is the manifest weight of the evidence.”
— 750 ILCS 5/602.5(b) — 5 cases
In re Marriage of Katsap, 2022 IL App (2d) 210706 (Ill. App. Ct. 2022). “6 The parties have clarified that the escrow is related to the surrogacy undertaking rather than the embryos.”
Carter v. Booker, 2022 IL App (4th) 210478-U (Ill. App. Ct. 2022).
Adam V. v. Victoria W., 2022 IL App (5th) 200187-U (Ill. App. Ct. 2022).
In re Parentage of M.M., 2022 IL App (1st) 211144-U (Ill. App. Ct. 2022).
In re Marriage of d'Escoto, 2021 IL App (1st) 210139-U (Ill. App. Ct. 2021).
— 750 ILCS 5/602.5(b)(1) — 1 case
In re Marriage of Piegari, 2016 IL App (2d) 160594 (Ill. App. Ct. 2016).
— 750 ILCS 5/602.5(b)(2) — 1 case
In re Marriage of Lemke, 2021 IL App (2d) 210168-U (Ill. App. Ct. 2021).
— 750 ILCS 5/602.5(c) — 33 cases
Jameson v. Williams, 2020 IL App (3d) 200048 (Ill. App. Ct. 2020). “” 750 ILCS 5/602.5(a) (West 2018). In arriving at that decision, the court must consider all relevant factors, including: 16 “(1) the wishes of the child, taking into account the child’s maturity and ability to express reasoned and independent preferences as to decision-making;…”
In re Custody of G.L., 2017 IL App (1st) 163171 (Ill. App. Ct. 2017). “See 750 ILCS 5/602.5(c) (West Supp. 2015). Ten factors in the subsections are identical.”
Sadler v. Pulliam, 2022 IL App (5th) 220213 (Ill. App. Ct. 2022). “7 of the Act (750 ILCS 5/602.5, 602.7 (West 2020)) govern those determinations and provide that circuit courts must allocate these parental responsibilities according to the child’s best interest.”
In re Marriage of Hussain, 2023 IL App (2d) 230210-U (Ill. App. Ct. 2023).
Sadler v. Pulliam, 2022 IL App (5th) 220213 (Ill. App. Ct. 2022).
— 750 ILCS 5/602.5(c)(1) — 4 cases
In re Custody of G.L., 2017 IL App (1st) 163171 (Ill. App. Ct. 2017). “See 750 ILCS 5/602.5(c) (West Supp. 2015). Ten factors in the subsections are identical.”
In re Custody of G.L., 2017 IL App (1st) 163171 (Ill. App. Ct. 2017).
In re Marriage of Agee, 2021 IL App (5th) 150153-U (Ill. App. Ct. 2021).
In re Marriage of Belt, 2026 IL App (5th) 251051-U (Ill. App. Ct. 2026).
— 750 ILCS 5/602.5(c)(11) — 4 cases
Amber B. v. Daniel B., 2020 IL App (3d) 190730-U (Ill. App. Ct. 2020).
In re Marriage of Agee, 2021 IL App (5th) 150153-U (Ill. App. Ct. 2021).
In re Marriage of Jonathon P., 2025 IL App (4th) 250296-U (Ill. App. Ct. 2025).
In re Marriage of Belt, 2026 IL App (5th) 251051-U (Ill. App. Ct. 2026).
— 750 ILCS 5/602.5(c)(15) — 3 cases
In re Custody of G.L., 2017 IL App (1st) 163171 (Ill. App. Ct. 2017). “See 750 ILCS 5/602.5(c) (West Supp. 2015). Ten factors in the subsections are identical.”
In re Custody of G.L., 2017 IL App (1st) 163171 (Ill. App. Ct. 2017). “She argues that Gould’s testimony regarding education was speculative and irrelevant to the court’s best interest determinations.”
In re Custody of G.L., 2017 IL App (1st) 163171 (Ill. App. Ct. 2017).
— 750 ILCS 5/602.5(c)(2) — 1 case
In re Marriage of Belt, 2026 IL App (5th) 251051-U (Ill. App. Ct. 2026).
— 750 ILCS 5/602.5(c)(3) — 3 cases
In re: Marriage of Heaver, 2025 IL App (2d) 250021-U (Ill. App. Ct. 2025).
In re Marriage of Waterman, 2026 IL App (5th) 250690-U (Ill. App. Ct. 2026).
In re Marriage of Belt, 2026 IL App (5th) 251051-U (Ill. App. Ct. 2026).
— 750 ILCS 5/602.5(c)(4) — 1 case
In re Marriage of Belt, 2026 IL App (5th) 251051-U (Ill. App. Ct. 2026).
— 750 ILCS 5/602.5(c)(5) — 1 case
In re Marriage of Treva S., 2024 IL App (5th) 240615-U (Ill. App. Ct. 2024).
— 750 ILCS 5/602.5(c)(6) — 2 cases
In re Custody of G.L., 2017 IL App (1st) 163171 (Ill. App. Ct. 2017). “See 750 ILCS 5/602.5(c) (West Supp. 2015). Ten factors in the subsections are identical.”
In re Custody of G.L., 2017 IL App (1st) 163171 (Ill. App. Ct. 2017).
— 750 ILCS 5/602.5(c)(8) — 2 cases
In re Marriage of Whitney H., 2021 IL App (4th) 210357-U (Ill. App. Ct. 2021).
In re Marriage of Belt, 2026 IL App (5th) 251051-U (Ill. App. Ct. 2026).
— 750 ILCS 5/602.5(c)(9) — 1 case
In re Marriage of Belt, 2026 IL App (5th) 251051-U (Ill. App. Ct. 2026).
— 750 ILCS 5/602.5(e) — 5 cases
In re Custody of G.L., 2017 IL App (1st) 163171 (Ill. App. Ct. 2017). “See 750 ILCS 5/602.5(c) (West Supp. 2015). Ten factors in the subsections are identical.”
In re Custody of G.L., 2017 IL App (1st) 163171 (Ill. App. Ct. 2017). “She argues that Gould’s testimony regarding education was speculative and irrelevant to the court’s best interest determinations.”
In re Custody of G.L., 2017 IL App (1st) 163171 (Ill. App. Ct. 2017).
In re Marriage of Mardi L.A., 2023 IL App (4th) 220061-U (Ill. App. Ct. 2023).
In re Marriage of Jonathon P., 2025 IL App (4th) 250296-U (Ill. App. Ct. 2025).
— 750 ILCS 5/602.5(e)(3) — 1 case
In re Marriage of Charles Y., 2022 IL App (4th) 210731-U (Ill. App. Ct. 2022).
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