Article IX. Child Custody or Allocation of Parental Responsibilities Proceedings · Part A. Rules of General Application to Child Custody or Allocation of Parental Responsibilities Proceedings · Last amended 2006 · Last verified July 20, 2026
In one sentenceRule 904 requires an initial case management conference within 90 days after service in custody cases not already covered by Rule 923 or Rule 942, so the court can address counsel appointment early.
Full Text of Ill. S. Ct. R. 904
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In child custody proceedings other than cases under articles II, III and IV of the Juvenile Court
Act of 1987, and cases under the Illinois Marriage and Dissolution of Marriage Act and the Illinois Parentage Act of 1984 provided for under Part B of this article (see Rule 923), an initial case management conference pursuant to Rule 218 shall be held not later than 90 days after the petition or complaint has been served upon the respondent. If not previously resolved, the court shall address the appointment of a guardian ad litem or counsel for the child and counsel for any indigent party entitled to the assistance of appointed counsel at the initial case management conference.
Plain-English Summary
Not every custody case fits neatly into a divorce, parentage, or juvenile court proceeding. Rule 904 fills that gap. For custody cases that aren’t governed by Part B (Rule 923) or Part C (Rule 942) — for example, guardianship matters or Uniform Child Custody Jurisdiction and Enforcement Act cases — it requires a case management conference within 90 days of serving the respondent.
At that first conference, the court takes up an issue that shouldn’t wait: whether the child needs a guardian ad litem or an attorney, and whether an indigent party needs appointed counsel. Settling that early gives the appointed lawyer time to get familiar with the family before the case moves further.
Frequently Asked Questions
Does Rule 904 apply to my divorce custody case?
No. Divorce and parentage cases follow Rule 923’s conference schedule instead. Rule 904 covers custody cases that don’t fall under Part B or Part C.
How soon does the first conference have to happen?
Within 90 days after the petition or complaint is served on the respondent.
Will the court appoint a lawyer for my child at this conference?
The court addresses that question at the initial conference if it hasn’t already been resolved — whether a guardian ad litem or attorney for the child is needed, and whether any indigent party needs appointed counsel.
What kinds of cases does Rule 904 cover?
Custody proceedings other than abuse, neglect, and dependency cases under Articles II, III, and IV of the Juvenile Court Act (covered by Rule 942) and divorce or parentage cases under Part B (covered by Rule 923) — guardianship and jurisdiction disputes are common examples.
What happens at a case management conference under Rule 218?
The court and parties address scheduling, discovery, and other issues to move the case toward resolution — Rule 904 borrows that same conference framework.
Committee Comments
Special Supreme Court Committee on Child Custody Issues Case management conferences provide an effective way for the trial court to simplify issues and expedite cases. Rule 904 provides that an initial case management conference will be held within 90 days after the petition or compliant has been served upon the respondent in child custody proceedings not covered by other rules. Special rules regarding conferences are included in Parts B and C of the Rule 900 series: Rule 923 addresses case management conferences in dissolution of marriage and paternity cases. Rule 942 authorizes the use of Court Family Conferences in abuse and neglect cases.
Amendment History
Adopted February 10, 2006, effective July 1, 2006.
Source & verification. Rule text, official Committee Comments, and
amendment history are reproduced verbatim from the Illinois Supreme Court Rules,
promulgated by the Supreme Court of Illinois. Last verified July 20, 2026.
· Official source
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