To continue our previous topic we are discussing the revamped Illinois Marriage and Dissolution of Marriage Act (IMDMA). Part of the modified statute is a rethink in terms of child custody. It used to be that except for certain specific categories of decisions it was the custodial parent that made every day decisions related to health, education, etc. The non-custodial parent was given certain rights to provide input, but in reality it was the custodial parent deciding and the non-custodial parent was oftentimes simply along for the ride. The 2016 rewrite provides for the previous “winner-take-all” model of parenting rights to be essentially broken up into categories that delegate responsibilities according to these categories and reflect the experience, education and abilities of each parent. The example most often cited is the non-custodial parent who is a doctor – the child’s medical decisions being delegated to this parent. Another example is the Harvard professor non-custodial parent being granted responsibilities related to education decisions. Decisions can be set up as joint or individual to a particular parent. The question that does arise is whether this freedom choice provides to much room for the categorization process to become extremely adversarial amongst the parents based on the breakdown of the marriage. But on the other hand the ultimate decision does rest with the court and if the parties cannot agree there is always the prospect of trial and a binding ruling by the court.