Child Custody in Illinois

Overview of Illinois Custody Law

Since January 2016, Illinois no longer uses the terms “custody” or “visitation.” The state replaced those concepts with allocation of parental responsibilities (decision-making) and parenting time (the schedule of time each parent spends with the child). This change was part of a comprehensive reform to the Illinois Marriage and Dissolution of Marriage Act, codified at 750 ILCS 5/602.5 through 602.7.

The shift in terminology reflects Illinois’s goal of focusing on specific parental roles rather than labeling one parent as the “custodial” parent and the other as the “non-custodial” parent. Despite the new language, the underlying framework remains centered on the best interests of the child.

Allocation of Parental Responsibilities

Illinois divides parental responsibilities into two categories:

• Significant decision-making responsibility — The authority to make major decisions on behalf of the child in four specific areas: education, healthcare, religion, and extracurricular activities. The court may allocate each area to one parent or to both parents jointly. For example, one parent might have sole authority over education decisions while both parents share decision-making on healthcare.
• Parenting time — The schedule that determines when the child is with each parent. Parenting time encompasses all routine daily decisions made while the child is in that parent’s care.

This structure allows courts to tailor the allocation to each family’s strengths. A parent who has historically managed the child’s medical care, for example, might receive decision-making authority over healthcare even if the other parent has more overall parenting time.

For a broader look at custody structures across states, see our guide on child custody laws explained.

No Presumption for Equal Parenting Time

Illinois law does not include a presumption in favor of equal parenting time or any specific division of time. The court evaluates the facts of each case and allocates parenting time based on the child’s best interests. In practice, arrangements range from roughly equal splits to schedules in which one parent has the majority of overnights and the other has regular weekday or weekend time.

Both parents are entitled to reasonable parenting time unless the court finds that such time would seriously endanger the child’s physical, mental, moral, or emotional health.

Best Interests Factors

750 ILCS 5/602.7(b) lists 17 factors the court must consider when allocating parenting time. Key factors include:

• The wishes of each parent
• The wishes of the child, taking into account the child’s maturity and ability to express reasoned preferences
• The amount of time each parent spent performing caretaking functions for the child in the 24 months preceding the filing (or since the child’s birth, if shorter)
• The mental and physical health of all individuals involved
• The child’s adjustment to home, school, and community
• Each parent’s willingness and ability to facilitate and encourage a close and continuing relationship between the child and the other parent
• Any history of domestic violence or abuse
• Whether a parent is a sex offender or lives with a sex offender
• The distance between the parents’ residences and the practical difficulties of parenting time arrangements
• Whether a restriction on parenting time is appropriate
• The terms of a parent’s military family-care plan, if applicable
• Any other factor the court expressly finds relevant

For the allocation of significant decision-making, the court considers a separate but overlapping set of factors under 750 ILCS 5/602.5(c), including the wishes of the parents, the child’s needs, the level of each parent’s past participation in decision-making, and any prior agreement between the parents.

Child’s Preference

Illinois does not set a specific age at which a child’s preference becomes a factor. The statute directs the court to consider the child’s wishes based on the child’s maturity and ability to express reasoned and independent preferences. In practice, courts give more weight to the opinions of older children and teenagers, but a younger child’s clearly articulated preference may also be considered.

The child’s preference is one of 17 factors and does not override the court’s independent assessment of best interests.

Parenting Plans

Illinois requires each parent to submit a proposed parenting plan or a joint parenting plan within 120 days of service of the petition (or any later date set by the court). The parenting plan must address the allocation of significant decision-making responsibilities, a parenting time schedule, transportation arrangements, provisions for future modifications, and a process for resolving disputes between the parents.

If the parents agree on a plan, the court will generally approve it unless it is not in the child’s best interests. If they cannot agree, the court will craft an allocation judgment after considering the evidence. For more on this process, see our guide on how child custody is determined.

Mediation and Alternative Dispute Resolution

Illinois does not mandate mediation statewide for parenting disputes. However, courts may order mediation, and many judicial circuits encourage it. Under 750 ILCS 5/602.10, the court may order mediation to assist the parents in developing a parenting plan or resolving disputes about parenting time or decision-making.

Some counties, particularly Cook County, have robust mediation programs integrated into the family court process. Mediation tends to be especially useful in Illinois because the allocation framework — with its four separate decision-making categories — creates multiple opportunities for compromise.

Relocation Rules

Illinois has specific notice requirements for parents who wish to relocate with a child. Under 750 ILCS 5/609.2, the required notice and procedures depend on the distance of the move:

• If the child’s current residence is in Cook County, the relocating parent must provide 60 days’ written notice for any move of 25 miles or more.
• If the child’s current residence is in any other Illinois county, the threshold is 50 miles or more.
• For moves outside Illinois, the 60-day notice requirement applies regardless of distance.

If the other parent objects to the relocation within 30 days of receiving notice, the relocating parent must seek court approval. The court considers 11 factors under Section 609.2(g), including the circumstances and reasons for the move, the quality of each parent’s relationship with the child, the educational opportunities for the child, the presence of extended family, and whether the move will enhance the quality of life for both the child and the relocating parent.

Modification of Parenting Orders

A parent seeking to modify an allocation judgment must demonstrate a substantial change in circumstances since the last order. Under 750 ILCS 5/610.5, the specific standard depends on how recently the order was entered:

• Within the first two years after the order, the parent must show that the modification is necessary to prevent serious endangerment of the child.
• After two years, the parent must show a substantial change in circumstances and that the modification is in the child’s best interests.

This two-year restriction is designed to promote stability and prevent frequent relitigation of parenting arrangements.

When to Seek Legal Help

Illinois’s allocation framework is more detailed and flexible than traditional custody models, which creates both opportunities and complexity. If your case involves a relocation dispute, allegations of domestic violence, disagreements about decision-making authority, or a request to modify an existing order, working with an Illinois family law attorney is strongly recommended.

If you are unsure about your rights under Illinois law, consider scheduling a free consultation to discuss your situation with a qualified family law professional.