The law in plain words
Under 750 ILCS 5/602.7, "the court shall allocate parenting time according to the child's best interests." It is presumed both parents are fit.
Wondering who usually ends up with custody? Our page on the chances of getting full custody in Illinois explains what the figures can and cannot show.
Illinois' words for custody
On January 1, 2016, Illinois replaced the old terms.
| Older word | Illinois' word |
|---|---|
| Custody | Allocation of parental responsibilities |
| Legal custody | Significant decision-making |
| Visitation | Parenting time |
| Removal | Relocation |
Significant decision-making covers four main areas: education, health care, religion and activities. Each parent makes routine and emergency decisions during their own time.
Custody orders made before 2016 still apply. Where another law needs a "custodian," the plan names the parent with the most parenting time.
Is Illinois a 50/50 state?
No. Illinois has no presumption of equal time or shared decision-making.
The one presumption is that both parents are fit. A court cannot restrict a parent's time without finding it would seriously endanger the child.
The statute does tell the court to build a plan that maximizes the child's relationship with both parents. A Senate bill filed in 2025 would only order a study of parenting time presumptions.
The decision-making factors
Section 602.5 lists 15 factors for dividing major decisions:
- the child's wishes, given their maturity
- the child's adjustment to home, school and community
- the mental and physical health of everyone involved
- the parents' ability to cooperate, or the level of conflict between them
- each parent's past part in major decisions
- any prior agreement or pattern on decision-making
- what each parent wants
- the child's needs
- distance, travel and daily schedules
- whether a restriction on decision-making is needed
- each parent's willingness to support the child's bond with the other
- any physical violence or threat by a parent against the child
- any abuse of the child or a household member
- whether a parent is a sex offender, and any treatment completed
- any other factor the court finds relevant
The law does not require that each parent get a share of decision-making.
The parenting-time factors
Section 602.7 lists 17 factors for parenting time:
- what each parent wants
- the child's wishes, given their maturity
- time each parent spent on caretaking in the 24 months before filing
- any prior agreement or pattern on caretaking
- the child's relationships with parents, siblings and other important people
- the child's adjustment to home, school and community
- the mental and physical health of everyone involved
- the child's needs
- distance, travel and daily schedules
- whether a restriction on parenting time is needed
- any physical violence or threat by a parent
- each parent's willingness to put the child's needs first
- each parent's willingness to support the child's bond with the other
- any abuse of the child or a household member
- whether a parent is, or lives with, a convicted sex offender
- a deploying service member's family care plan
- any other factor the court finds relevant
Caretaking includes meals, bedtimes, sick care, school, medical visits, discipline and arranging childcare.
Your child's wishes
Illinois sets no age at which a child decides. The court weighs the child's wishes according to their maturity and ability to give reasoned, independent preferences.
The judge may interview the child privately in chambers. Lawyers attend unless the parents agree otherwise, and a court reporter records it.
The court can also appoint a guardian ad litem, a child's representative or an attorney for the child.
Mothers' and fathers' rights
Neither parent starts ahead. Both are presumed fit.
The court may not consider a parent's conduct that does not affect their relationship with the child.
A parent who gets no share of decision-making is still entitled to reasonable parenting time. The exception is a finding, after a hearing, that it would seriously endanger the child.
If you were never married
No Illinois statute gives an unmarried mother sole custody before a court order. Under the Parentage Act, the parent who gave birth is a legal parent from birth.
The other parent becomes a legal parent through a Voluntary Acknowledgment of Parentage, a court order, or a marriage-based presumption.
- The acknowledgment: once filed, it equals a court judgment of parentage.
- Changing your mind: a signer can rescind it within 60 days, or earlier if a court case starts.
- After that: it can be challenged for fraud, duress or a material mistake of fact, within two years.
One default exists. If a parentage judgment says nothing about parental responsibilities, they are presumed to be the mother's. That does not apply if the child lived mainly with the other parent for six months.
To ask for parenting time, parentage must be set first. You then file in the county where the child lives.
Domestic violence and orders of protection
Abuse and violence are factors for both decision-making and parenting time. The custody statute itself has no presumption against an abusive parent.
After a hearing, the court can restrict a parent who seriously endangered the child. Restrictions include supervised time, safe exchanges, no-contact orders and treatment.
An order of protection has stronger rules.
- Abuse of the child: a finding creates a presumption against giving that parent physical care of the child.
- Parenting time: the court must restrict or deny it for listed risks, and set specific times.
- Records: a parent barred by the order loses access to the child's school and health records.
An emergency order of protection lasts 14 to 21 days. Mediation can be excused where there is family violence.
Emergency and temporary orders
Illinois has two main routes when a child needs protection quickly.
- Temporary allocation: before a final judgment, the court can set temporary decision-making and parenting time on the child's best interests.
- Emergency order of protection: a judge can issue it quickly where there is abuse. It can address physical care of the child and parenting time.
Custody cases get priority when hearings are set. Illinois courts can also act in an emergency to protect a child who is in the state.
Moving with your child
Illinois treats a move as a relocation based on distance by road.
| Child's current home | A relocation is a move of |
|---|---|
| Cook, DuPage, Kane, Lake, McHenry or Will county | More than 25 miles within Illinois |
| Any other Illinois county | More than 50 miles within Illinois |
| Anywhere in Illinois | More than 25 miles out of state |
Only a parent with most of the parenting time, or with equal time, can seek to relocate.
- Notice: in writing, at least 60 days before the move. File a copy with the circuit clerk.
- Agreement: if the other parent signs the notice and it is filed, the move is allowed.
- Objection: otherwise, the moving parent must petition the court.
The court weighs 11 factors, including the reasons for the move and the objection. In 2019, the Illinois Supreme Court said the child's best interests are the paramount consideration.
Changing a parenting plan
Under section 610.5, the rules differ for decisions and for time.
- Decision-making: no change within two years of the order, unless both parents agree or sworn affidavits show possible serious endangerment.
- Parenting time: can be changed at any time on a showing of changed circumstances.
The general test is a substantial change in circumstances, based on facts that are new or were not anticipated. The change must be needed for the child's best interests.
Some changes need no new circumstances. Examples are minor changes, agreed changes, or matching an arrangement the parents have followed for six months.
Your parenting plan
Each parent must file a proposed parenting plan within 120 days of service or filing. Parents can file one together.
Mediation is mandatory before trial, unless the court finds an impediment, such as family violence.
A plan must cover at least:
- how major decisions are made, and the parenting time schedule
- each parent's address, phone number and employer, unless there is a history of domestic violence
- at least 60 days' notice before either parent changes residence
- notice of emergencies, health care and travel
- transportation and communication with the child
- a right of first refusal, if the parents want one
A right of first refusal means offering the other parent the time before leaving the child with a substitute caregiver for a significant period.
How to file for custody in Illinois
Illinois must usually be the child's home state for six months before you file.
- Start the case. If you are divorcing, ask for parental responsibilities in the divorce. Otherwise, file a petition for allocation of parental responsibilities in the county where the child lives.
- Serve the other parent. They must get notice at least 30 days before any hearing.
- File your parenting plan within 120 days.
- Attend the case management conference. The first one is held within 90 days of service.
- Take the parenting class. It lasts at least four hours, within 60 days of that conference.
Court rules aim for cases to end within 18 months of service. Illinois Legal Aid Online has guided forms for each step.
How much does it cost to file for custody in Illinois?
Filing fees are set by each county board, so they vary by county. Ask your circuit clerk for the current amount.
If you cannot afford them, file an Application for Waiver of Court Fees. You qualify if you receive means-tested benefits, your income is 125% of the poverty level or less, or paying would cause substantial hardship.
Partial waivers are available up to 200% of the poverty level. A waiver also covers court-ordered mediation and parenting class fees.
If a parent violates the parenting plan
Illinois has an expedited procedure to enforce parenting time. Unless there is good cause, the court must order the parent who denied time to pay the other's legal fees. It can also order:
- makeup parenting time
- a parenting class or counseling
- a bond to secure future compliance
- contempt findings, fines or a driver's license suspension
Repeated interference can also be relevant if you later ask the court to change the plan.
What changed recently
Illinois' main custody sections have not changed in 2026. The changes are around them.
- January 1, 2025: distances are measured by road, using the shortest mapped route. Approved parenting plans are final for later changes and appeals.
- December 2025: the Parentage Act now uses gender-inclusive terms.
- March 1, 2026: court mediation rules were amended.
- January 1, 2027: harassment under the Domestic Violence Act will cover electronic tracking, deepfakes and doxxing.
A 2026 bill to add coercive control to abuse was enacted only as a coerced debt rule. A bill limiting reunification programs stalled in committee in April 2026.
Building the record
Illinois judges look closely at caretaking in the 24 months before filing. Meals, school runs, doctor visits and exchanges are all shown by dates.
Note each one as it happens. Casewell keeps those notes and the messages behind them together, so a lawyer can read a clear timeline.
Before you record a call or a handover, check whether you can record your co-parent in Illinois.
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.
An Illinois caretaking record
Illinois judges weigh caretaking in the 24 months before filing. Keep these items current so your facts are ready.
Keep the caretaking record Illinois judges weigh
Casewell keeps dated caretaking, exchanges and the messages behind them in one private place. Export the period a lawyer needs as a focused PDF.
Who has custody of a child if the parents aren't married in Illinois?
No statute gives either parent custody before a court order. The other parent needs a voluntary acknowledgment or court order to be a legal parent, and then can ask for parenting time.
Is Illinois a 50/50 custody state?
No. Illinois has no presumption of equal time. Both parents are presumed fit, and judges divide parenting time on the child's best interests.
How do I get sole custody in Illinois?
Ask the court to allocate all significant decision-making to you. The judge weighs the 15 decision-making factors. Nothing requires each parent to get a share.
What are the consequences of violating a parenting plan in Illinois?
Unless there is good cause, the parent who denied time must pay the other's legal fees. The court can also order makeup time, classes, counseling, a bond or contempt.
How far can I move with my child in Illinois?
From Cook and five collar counties, a move over 25 miles is a relocation. Elsewhere in Illinois, it is over 50 miles. Give 60 days' written notice.
How soon can I change a parenting plan in Illinois?
Parenting time can change at any time on changed circumstances. Decision-making generally cannot change within two years, unless both parents agree or the child may be seriously endangered.
Sources
This page summarizes the Illinois Marriage and Dissolution of Marriage Act, the Parentage Act of 2015 and Illinois Supreme Court Rules as of October 2026. It explains the law in general terms and is not legal advice.
- 750 ILCS 5/602.5 โ allocating decision-making responsibilities checked
- 750 ILCS 5/602.7 โ allocating parenting time checked
- 750 ILCS 5/602.10 โ parenting plans checked
- 750 ILCS 5/609.2 โ relocation checked
- 750 ILCS 5/610.5 โ modification checked
- 750 ILCS 5/603.10 โ restricting parental responsibilities checked
- 750 ILCS 46/802 โ parentage judgments and parental responsibilities checked
- Illinois Supreme Court Rules, Article IX โ child custody proceedings checked
- Illinois Legal Aid Online โ parental responsibilities (custody) and visitation checked