Child Custody in Illinois: Allocation of Parental Responsibilities and Parenting Time
Illinois family law · Last reviewed October 8, 2026
Illinois retired the words "custody" and "visitation" in 2016. Its law now speaks of the allocation of parental responsibilities, which has two parts:
- Significant decision-making responsibilities: who makes major decisions about the child's education, health care, religion and extracurricular activities (750 ILCS 5/602.5). Decisions can be given to one parent, shared, or split by subject, and "Nothing in this Act requires that each parent be allocated decision-making responsibilities."
- Parenting time: the schedule of when the child is with each parent (750 ILCS 5/602.7). Each parent makes the day-to-day decisions while the child is with him or her.
People still search for "custody," and courts and lawyers still use the word informally, but orders and forms use the statutory terms.
The starting point: both parents are fit
Section 602.7(b) says: "It is presumed both parents are fit." The court can't restrict a parent's time unless it finds, by a preponderance of the evidence, that the parent's exercise of parenting time would seriously endanger the child. Illinois law doesn't presume a 50/50 split, though, and the court allocates time according to the child's best interests, considering the factors below.
The parenting-time factors
750 ILCS 5/602.7(b) tells the court to consider "all relevant factors," including:
(1) the wishes of each parent seeking parenting time; (2) the wishes of the child, taking into account the child's maturity and ability to express reasoned and independent preferences as to parenting time; (3) the amount of time each parent spent performing caretaking functions with respect to the child in the 24 months preceding the filing of any petition for allocation of parental responsibilities or, if the child is under 2 years of age, since the child's birth;
The rest of the list covers: any prior agreement or course of conduct between the parents about caretaking (4); the child's relationships with parents, siblings and others (5); the child's adjustment to home, school and community (6); everyone's mental and physical health (7); the child's needs (8); the distance between homes, transportation, schedules and the parents' ability to cooperate (9); whether a restriction is appropriate (10); physical violence or threats against the child or a household member (11); each parent's willingness to put the child's needs first (12) and to encourage the child's relationship with the other parent (13); abuse against the child or a household member (14); whether a parent is or lives with a convicted sex offender (15); a deploying service member's family-care plan (16); and any other relevant factor (17).
Conduct that doesn't affect a parent's relationship with the child isn't considered (§ 602.7(c)).
Decision-making responsibilities have a parallel list of 15 factors in § 602.5(c), including the parents' ability to cooperate and their past participation in significant decisions.
At what age can a child choose?
There's no set age. The child's wishes count, "taking into account the child's maturity and ability to express reasoned and independent preferences." The court can appoint a guardian ad litem, a child representative, or an attorney for the child (§ 506).
Parenting plans
Each parent must file a proposed parenting plan within 120 days after service or the filing of a petition for allocation of parental responsibilities, or the parents can file one together (§ 602.10). The plan covers decision-making, the parenting-time schedule, holidays, transportation, a right of first refusal for child care, and how the parents will resolve disputes. If no plan is filed, the court holds an evidentiary hearing to allocate responsibilities.
Required parenting class and mediation
Two Supreme Court rules apply in cases involving children:
- Parenting education is mandatory. Under Rule 924, every circuit runs a program of at least four hours, and "Except when excused by the court for good cause shown, all parties shall be required to attend and complete an approved parenting education program as soon as possible, but not later than 60 days after an initial case management conference." Each county sets its own program and fee.
- Mediation. Under Rule 905, each circuit must have a mediation program for disputes over parenting, relocation and parenting time, and the court orders mediation unless there's an impediment, such as family violence.
Restrictions
The court can restrict a parent's time (for example, requiring supervision) only if it finds by a preponderance of the evidence that the parent "seriously endangered the child's mental, moral, or physical health or that significantly impaired the child's emotional development" (§ 603.10).
Relocation
In Illinois, a relocation is defined by distance (§ 600(g)). It's a move of more than:
- 25 miles from the child's current home, if the home is in Cook, DuPage, Kane, Lake, McHenry or Will County;
- 50 miles, if the home is in any other Illinois county; or
- 25 miles to a new home outside Illinois.
Since January 1, 2025, distance is measured by an internet mapping service using surface roads.
Only a parent with the majority of parenting time, or equal time, can seek to relocate with the child. That parent must give the other parent at least 60 days' written notice (or as soon as practicable) and file it with the clerk (§ 609.2). If the other parent signs the notice, the move can go ahead without further court action; otherwise, the moving parent must ask the court, which decides based on the child's best interests and 11 relocation factors.
Changing an order
- Decision-making: generally no motion to modify can be filed within 2 years of the order, except by agreement or on affidavits showing the child may be seriously endangered (§ 610.5(a)).
- Generally: the court modifies an allocation when there's been a substantial change in circumstances and the change serves the child's best interests (§ 610.5(c)).
- Minor changes: some modifications don't require a change in circumstances, such as conforming the order to an arrangement the parents have actually followed for six months, or minor adjustments (§ 610.5(e)).
Jurisdiction
Under the Uniform Child-Custody Jurisdiction and Enforcement Act (750 ILCS 36), initial jurisdiction usually belongs to the child's home state, where the child lived for at least six months before the case began. Meeting Illinois's divorce residency rule doesn't by itself give an Illinois court power over the children.
Frequently asked questions
Does Illinois favor 50/50 parenting time?
No. Both parents are presumed fit, but there's no presumption of equal time. The court allocates parenting time according to the child's best interests under the § 602.7 factors.
At what age can a child decide which parent to live with in Illinois?
There's no fixed age. The court considers the child's wishes, taking into account the child's maturity and ability to express reasoned and independent preferences.
Is a parenting class required in Illinois?
Yes, in cases involving parenting issues. Supreme Court Rule 924 requires the parties to complete an approved program of at least four hours, no later than 60 days after the initial case management conference, unless the court excuses them.
How far can I move with my child in Illinois without court permission?
Moves of more than 25 miles from a home in Cook or the collar counties, more than 50 miles elsewhere in Illinois, or more than 25 miles out of state are relocations. You need the other parent's signed consent or the court's approval, and at least 60 days' notice.
What is a parenting plan in Illinois?
A document setting out decision-making, the parenting schedule, holidays, transportation and dispute resolution. Each parent must file a proposed plan within 120 days, or the parents can file one together.