Casewell
The law in plain words
Illinois dropped the word "custody" in 2016. It now splits a case into "parental responsibilities" (the big decisions) and "parenting time" (the schedule), set out in 750 ILCS 5/602.7.
For the statute itself, including the custody factors, moving rules and how to file, see our guide to Illinois custody laws.
What replaced custody in Illinois
The 2016 reform split the old idea of custody into two things: significant decision-making responsibilities (education, health, religion, activities) and parenting time (the schedule). Each is allocated separately.
So "full custody" is no longer an Illinois term. The nearest equivalent is sole decision-making plus the majority of parenting time. Ask for them specifically.
The parenting plan requirement
Illinois requires parents to file a proposed parenting plan, usually within 120 days of asking for an allocation. The plan must cover decision-making, a schedule, transport, communication and how disputes are resolved.
That requirement rewards preparation. A detailed, workable plan is itself evidence that you have thought about the child's day-to-day life.
How the court allocates
Under sections 602.5 and 602.7, judges weigh best-interest factors. They include:
- each parent's past care
- the child's needs and wishes
- the distance between homes
- each parent's willingness to cooperate
- any history of abuse
There is no gender preference. The parent who can evidence real care and a practical plan is in the stronger position.
Statistics as context only
The household shares above show where Illinois children live, not how responsibilities were allocated. A child can live mainly with one parent while decisions stay joint.
Use the numbers as background for single-parent household scale, then rely on your own record for the case itself.
Evidence for your parenting plan
Record the care you actually do: school, medical, meals and activities. Log parenting time and exchanges as they happen. Keep the messages behind each change.
Casewell keeps those dated entries and files together. Your proposed plan then rests on a record a lawyer can export and review quickly.
A clearer way to prepare
Come to court ready, not stressed.
Turn messages, receipts and everyday notes into a clear attorney-ready record.
New record
Late pickup
Pickup was scheduled for 5:00pm. The other parent arrived at 5:42pm.
Report ready
Your report is ready
Ready for your attorney or lawyer to review.
Moving house has its own rulebook
Illinois treats a move as its own legal event, with set distances. From Cook, DuPage, Kane, Lake, McHenry or Will county, a move of more than 25 miles counts as a relocation. From any other Illinois county the line is 50 miles. A move out of state counts at more than 25 miles.
Cross one of those lines and you owe the other parent at least 60 days' written notice, unless that is impracticable. The notice has to give the date and the new address, if you know it. If the move is not permanent, it must say how long it will last.
Distances are measured by an internet mapping service on surface roads, using the shortest route.
The 24 months before you file
One Illinois factor has a clock on it. When the court allocates parenting time it looks back. It weighs how much time each parent spent on caretaking in the 24 months before the petition was filed. For a child under two, the window runs from birth.
That is a window you can evidence, and most parents notice it only once it has closed. School runs, bedtimes, appointments, sick days and holidays all sit inside it.
It also corrects a common belief. Section 602.7 presumes both parents are fit and bars restrictions on parenting time without evidence of serious endangerment. That is not a presumption of equal time. The statute does not contain one.
Before you file in Illinois
Save any current order, track parenting time for a few weeks, and draft your parenting plan in practical detail.
An Illinois family-law lawyer can check it against the current statute and your county's local rules before it is filed.
Full-custody evidence checklist for Illinois
Use this before asking a lawyer or adviser to assess a pattern.
Turn scattered evidence into a usable case record
Casewell keeps dated events and their supporting files together, so a lawyer can review the sequence without rebuilding it from screenshots. Clear documentation may strengthen the presentation of abuse, unsafe care or repeated non-cooperation and improve your preparation. Start your Casewell record today.
How far can I move with my child in Illinois?
It depends where you start. From Cook, DuPage, Kane, Lake, McHenry or Will county the limit is 25 miles before the move counts as a relocation. From other Illinois counties it is 50 miles, and any out-of-state move counts at more than 25 miles. A relocation needs at least 60 days' written notice.
Does Illinois start from equal parenting time?
Not quite. Section 602.7 presumes both parents are fit and bars restrictions on parenting time without evidence of serious endangerment. That is a presumption about fitness rather than a rule that time is split down the middle.
Does Illinois still use the word custody?
No. Since 2016 Illinois uses "parental responsibilities" and "parenting time." What people call "full custody" is now sole decision-making plus most of the parenting time.
Do I need a parenting plan in Illinois?
Yes. Each parent files a proposed parenting plan, usually within 120 days. It sets out decisions, the schedule, transport, and how you will handle disagreements.
Does Illinois publish a full-custody success rate?
No. Public data does not provide a complete percentage of Illinois cases in which mothers or fathers receive sole legal and physical custody. Household statistics describe where children live, not court outcomes.
Do these statistics show that mothers get custody more often in Illinois?
They show the sex of the household householder in a living-arrangement table. They do not show legal custody, parenting-time percentages, the reason for the arrangement, or whether a court was involved.
Can documentation improve my chances of custody?
Yes. Good records can definitely improve your chances. They help you arrive prepared with clear, dated evidence in the right format. They give your lawyer a head start, saving time and fees. They cannot guarantee an outcome, but they can strengthen your case.
What should I record first?
Start with the current arrangement. Then log each important change: the date, what was expected, what you saw, the source, the effect on the child, your response and the outcome. Use Casewell to keep the entry and supporting file together.
Sources
Statistics are 2024 ACS 5-year estimates from Census table B09005. The values are checked against the official Census table-based data file. The table measures children's household living arrangements, not legal custody or court outcomes; the Census table, data file, and secondary machine-readable mirror are linked so the calculation can be reproduced.
- 750 ILCS 5/602.7 — allocation of parental responsibilities and parenting time checked
- U.S. Census Bureau, ACS 2024 5-year table B09005 for Illinois checked
- U.S. Census Bureau, official 2024 ACS 5-year table-based B09005 data file checked
- Machine-readable ACS 2024 5-year B09005 values (Census Reporter mirror) checked
- U.S. Census Bureau, Custodial Parents and Their Child Support: 2022 checked