Understanding Illinois child custody laws is essential for any parent going through a divorce or separation. This comprehensive guide covers the types of custody Illinois recognizes, how courts determine the best interests of the child, parenting plan requirements, relocation rules, and how to modify existing custody orders. Whether you are negotiating a custody agreement or preparing for a custody hearing, this guide explains Illinois’s custody framework in clear terms.
Verified against Illinois family law statutes as of April 2026.
In This Illinois Custody Guide:
Types of Custody in Illinois
Illinois recognizes several types of custody arrangements:
| Type | Description |
|---|---|
| Legal Custody | The right to make major decisions about the child’s education, healthcare, and religious upbringing. |
| Physical Custody | Where the child primarily lives on a day-to-day basis. |
| Joint Custody | Both parents share legal custody, physical custody, or both. |
| Sole Custody | One parent has exclusive legal or physical custody. |
Joint custody presumption: NO — Illinois does not have a statutory presumption favoring joint custody (joint allocation of parental responsibilities). However, the statute does contain this presumption: “Unless the court finds the occurrence of ongoing abuse as defined in Section 103 of the Illinois Domestic Violence Act of 1986, the court shall presume that the maximum involvement and cooperation of both parents regarding the physical, mental, moral, and emotional well-being of their child is in the best interest of the child.” This presumes maximum involvement of both parents, but does NOT mandate equal or joint allocation. The court decides allocation based on best interest factors. (750 ILCS 5/602.7(a))
Illinois Best Interest of the Child Standard
The best interests of the child standard is the primary framework Illinois courts use for all custody decisions. This standard considers what arrangement will best serve the child’s physical, emotional, and developmental needs.
Illinois courts evaluate these best interest factors when making custody decisions:
- Illinois has TWO separate lists of best interest factors — one for decision-making (602.5) and one for parenting time (602.7). PARENTING TIME FACTORS under 750 ILCS 5/602.7(b): (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; (4) Any prior agreement or course of conduct between the parents relating to caretaking functions with respect to the child; (5) The interaction and interrelationship of the child with his or her parents and siblings and with any other person who may significantly affect the child’s best interests; (6) The child’s adjustment to his or her home
- school
- and community; (7) The mental and physical health of all individuals involved; (8) The child’s needs; (9) The distance between the parents’ residences
- the cost and difficulty of transporting the child
- each parent’s and the child’s daily schedules
- and the ability of the parents to cooperate in the arrangement; (10) Whether a restriction on parenting time is appropriate under Section 603.10; (11) The physical violence or threat of physical violence by the child’s parent directed against the child or any member of the child’s household; (12) The willingness and ability of each parent to place the needs of the child ahead of his or her own needs; (13) The willingness and ability of each parent to facilitate and encourage a close and continuing relationship between the other parent and the child; (14) The occurrence of abuse against the child or other member of the child’s household (as defined in Section 103 of the Illinois Domestic Violence Act of 1986); (15) Whether one of the parents is a convicted sex offender or lives with a convicted sex offender and
- if so
- the exact nature of the offense and what if any treatment the offender has successfully participated in; (16) The terms of a parent’s military family-care plan that a parent must complete before deployment if a parent is a member of the United States Armed Forces who is being deployed; (17) Any other factor that the court expressly finds to be relevant. DECISION-MAKING FACTORS under 750 ILCS 5/602.5(c): (1) The wishes of the child
- taking into account the child’s maturity and ability to express reasoned and independent preferences as to decision-making; (2) The child’s adjustment to his or her home
- school
- and community; (3) The mental and physical health of all individuals involved; (4) The ability of the parents to cooperate to make decisions
- or the level of conflict between the parties that may affect their ability to share decision-making; (5) The level of each parent’s participation in past significant decision-making with respect to the child; (6) Any prior agreement or course of conduct between the parents relating to decision-making with respect to the child; (7) The wishes of the parents; (8) The child’s needs; (9) The distance between the parents’ residences
- the difficulty and expense of transporting the child
- each parent’s and the child’s daily schedules
- and the ability of the parents to cooperate in the arrangement; (10) Whether a restriction on decision-making is appropriate; (11) The willingness and ability of each parent to facilitate and encourage a close and continuing relationship between the other parent and the child; (12) The physical violence or threat of physical violence by the child’s parent directed against the child; (13) The occurrence of abuse against the child or other member of the child’s household; (14) Whether one of the parents is a sex offender
- and if so
- the exact nature of the offense and what if any treatment the offender has successfully participated in; and (15) Any other factor that the court expressly finds to be relevant.
Child’s preference: In Illinois, a child’s custody preference may be considered when the child reaches No specific age. Illinois does not set a statutory age at which a child may express a custody preference. Under 750 ILCS 5/602.7(b)(2), the court considers “the wishes of the child, taking into account the child’s maturity and ability to express reasoned and independent preferences as to parenting time.” The child’s maturity and ability to articulate independent, reasoned preferences matters more than the child’s chronological age. A child never gains the right to “choose” which parent to live with — the court always retains final decision-making authority based on the best interests standard. As a practical matter, courts give more weight to older children’s preferences, but there is no automatic threshold age.. The weight given to the child’s preference increases with age and maturity. The court considers the child’s reasoning and whether the preference is influenced by a parent.
Illinois Parenting Plans
Illinois requires parents to submit a parenting plan as part of custody proceedings. Under 750 ILCS 5/602.10(f), an Illinois parenting plan must include at minimum: (1) An allocation of significant decision-making responsibilities (education, health, religion, extracurricular activities); (2) Provisions for the child’s living arrangements and for each parent’s parenting time, including a schedule designating in which parent’s home the child will reside on given days; (3) A mediation provision addressing any proposed changes to the parenting plan (not required if one parent has all decision-making); (4) Each parent’s right of access to medical, dental, psychological, child care, school, and extracurricular records; (5) A designation of the parent with the majority of parenting time for purposes of determining child support; (6) The child’s residential address for school enrollment purposes; (7) Each parent’s residence address, phone number, place of employment, and employment address and phone number; (8) A requirement that a parent changing residence provide at least 60 days’ prior written notice to the other parent; (9) Provisions requiring each parent to notify the other of emergencies, health care, travel plans, and other significant child-related issues; (10) Transportation arrangements between the parents; (11) Provisions for communication (including electronic communication) with the child during the other parent’s parenting time. NOTE: Items (6), (7), and (8) regarding personal information are NOT required if there is evidence of domestic violence or abuse, or if release of the information is not in the child’s or parent’s best interests.
Key elements of an effective parenting plan:
- Regular residential schedule (weekdays, weekends, overnights)
- Holiday and school vacation rotation
- Transportation arrangements and pickup/drop-off logistics
- Decision-making authority (education, healthcare, extracurriculars)
- Communication methods between parents and between parent and child
- Dispute resolution process (mediation before court)
- Right of first refusal when a parent is unavailable
Illinois Custody Relocation Rules
Under 750 ILCS 5/609.2, “relocation” is defined by distance thresholds that vary by county: (A) From Cook, DuPage, Kane, Lake, McHenry, or Will County — a move of more than 25 miles from the child’s current residence; (B) From any other Illinois county — a move of more than 50 miles from the child’s current residence; (C) Any move from Illinois to another state (regardless of distance). Only a parent who has been allocated the majority of parenting time (or either parent with equal parenting time) may seek relocation. The relocating parent must provide at least 60 days’ written notice to the other parent before the relocation (unless impracticable). If the non-relocating parent signs the notice (consenting), relocation is allowed without further court action. If the non-relocating parent objects (by filing a petition within 30 days of notice), the court decides based on these factors under 609.2(g): (1) circumstances and reasons for the intended relocation; (2) reasons the other parent objects; (3) history and quality of each parent’s relationship with the child and whether a parent has substantially failed to exercise allocated responsibilities; (4) educational opportunities at the existing and proposed locations; (5) presence or absence of extended family at both locations; (6) anticipated impact on the child; (7) whether the court can fashion a reasonable parenting time allocation if relocation occurs; (8) wishes of the child; (9) whether a reasonable allocation can be made; (10) how to minimize impact on the child’s relationship with the non-relocating parent; (11) any other relevant factor. The burden of proof is on the parent seeking relocation if that parent has the majority of parenting time, or on the objecting parent if parenting time is shared equally.
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Notice requirement: The relocating parent must provide 60 days minimum written notice before the anticipated relocation, unless such notice is impracticable (in which case notice must be given at the earliest practicable date). A copy must be filed with the circuit court clerk. (750 ILCS 5/609.2(c)) days advance written notice to the other parent.
The court evaluates whether the move serves the child’s best interests, considering the reason for the move, the impact on the child’s relationship with the non-moving parent, and whether a modified visitation schedule can preserve that relationship.
Modifying Illinois Custody Orders
Illinois distinguishes between modifying parenting time and modifying decision-making responsibilities. PARENTING TIME: Under 750 ILCS 5/610.5(a), parenting time may be modified at any time upon a showing of “changed circumstances” (NOT “substantial change”) that necessitates modification to serve the child’s best interests. No waiting period applies. DECISION-MAKING RESPONSIBILITIES: Under 750 ILCS 5/610.5(c), a motion to modify decision-making allocation may NOT be made earlier than 2 years after the date of the order, UNLESS the court permits based on affidavits that the child’s present environment may “endanger seriously” the child’s mental, moral, or physical health or “significantly impair” the child’s emotional development. After the 2-year period, the court may modify upon finding by a preponderance of evidence that: (1) a substantial change has occurred in the circumstances of the child or either parent based on facts arising since the prior order or not anticipated therein; AND (2) modification is necessary to serve the child’s best interests. EXCEPTIONS to the changed-circumstances requirement: The court may modify without showing changed circumstances if: (a) the modification reflects the actual arrangement under which the child has been receiving care for the preceding 6 months; (b) the modification is minor; or (c) both parties agree.
Common modification triggers: parent relocation, change in child’s needs, substance abuse, domestic violence, parent’s work schedule change, child reaching an age where preferences are considered, or one parent consistently violating the existing order.
Special Circumstances in Illinois Custody
Domestic violence: Domestic violence significantly impacts custody decisions in Illinois. Key provisions: (1) Under 750 ILCS 5/602.7(a), there is a presumption that maximum involvement of both parents is in the child’s best interest — UNLESS the court finds “the occurrence of ongoing abuse as defined in Section 103 of the Illinois Domestic Violence Act of 1986,” in which case this presumption does not apply; (2) Abuse is an enumerated best interest factor under both 602.5(c)(13) and 602.7(b)(14) — courts must consider “the occurrence of abuse against the child or other member of the child’s household”; (3) Physical violence or threats of violence are a separate factor under 602.7(b)(11); (4) Under 750 ILCS 5/603.10, if the court finds by a preponderance of evidence that a parent engaged in conduct that seriously endangered the child’s mental, moral, or physical health, the court may restrict parenting time and impose conditions including supervised visitation, exchange through an intermediary, restraining communication or proximity, and other safety measures; (5) The Illinois Domestic Violence Act of 1986 (750 ILCS 60/) provides for emergency orders of protection that can include temporary custody and parenting time orders. There is no explicit statutory presumption AGAINST custody for an abusive parent, but the removal of the “maximum involvement” presumption and the mandatory consideration of abuse as a best interest factor effectively disfavors an abusive parent.
Grandparent visitation: YES. Under 750 ILCS 5/602.9, grandparents, great-grandparents, siblings, half-siblings, step-siblings, and step-parents may petition for visitation. STANDING REQUIREMENTS — the petitioner must show at least one of the following conditions exists: (1) a parent of the child is deceased or has been missing for at least 90 days; (2) a parent is incompetent as a matter of law; (3) a parent has been incarcerated for more than 90 days immediately before filing; OR (4) the parents have been granted a dissolution of marriage, are legally separated, or there is a pending dissolution proceeding. STANDARD: There is a rebuttable presumption that a fit parent’s actions and decisions regarding grandparent visitation are NOT harmful to the child. The burden is on the petitioner to prove by clear and convincing evidence that the parent’s actions regarding visitation will cause “undue harm” to the child’s mental, physical, or emotional health. The child must be at least one year old before a petition may be filed. Visitation may include reasonable access without requiring overnight or possessory visitation, and may include electronic communication.
Unmarried parents: Under Illinois law, the mother of a child born to unmarried parents has sole legal and physical custody (sole allocation of parental responsibilities) at birth by default. The unmarried father must first establish legal parentage before seeking any parental rights. Three methods to establish paternity: (1) Voluntary Acknowledgment of Paternity (VAP) — signed by both parents, typically at the hospital; however, a VAP primarily establishes child support obligations and does NOT automatically grant parenting time or decision-making rights; (2) Administrative Paternity Order — issued by the Illinois Department of Healthcare and Family Services (HFS) after genetic testing; (3) Judicial Paternity Order — issued by a court following a paternity suit and DNA testing under the Illinois Parentage Act of 2015 (750 ILCS 46/). Once parentage is established, the father must file a SEPARATE petition for allocation of parental responsibilities and parenting time. The same best interest factors (602.5 and 602.7) apply to unmarried parents as to divorcing married parents. Establishing paternity does NOT automatically entitle the father to equal parenting time.
Guardian ad litem: YES. Under 750 ILCS 5/506, in any proceeding involving the support, custody, visitation, allocation of parental responsibilities, education, parentage, or general welfare of a minor child, the court may — on its own motion or that of any party — appoint an attorney to serve in one of three roles: (1) Guardian ad Litem (GAL) — investigates the facts of the case, interviews the child and parties, and submits a written report with recommendations to the court; the GAL may testify and is subject to cross-examination; communications with the child are NOT confidential; (2) Child Representative — advocates for what the child representative finds to be in the child’s best interests; does NOT testify or submit a report but advocates through motions and memoranda; communications with the child ARE confidential; (3) Attorney for the Child — provides independent legal counsel representing the child’s expressed wishes (not necessarily best interests); owes the same duties of loyalty and confidentiality as to an adult client. The court determines which type to appoint based on the circumstances of the case.
Additional Illinois rules: (1) TERMINOLOGY: Illinois eliminated the terms “custody” and “visitation” effective January 1, 2016 (P.A. 99-90). All references are now “allocation of parental responsibilities” (decision-making) and “parenting time.” Attorneys and courts no longer use “custody” in legal filings. (2) SIGNIFICANT DECISION-MAKING AREAS: The statute specifies four areas of significant decision-making: education, health, religion, and extracurricular activities (750 ILCS 5/602.5(b)). These can be allocated jointly or divided between parents by category. (3) MILITARY DEPLOYMENT: Illinois has specific provisions for parents in the military. Under 750 ILCS 5/602.7(b)(16), the court must consider the terms of a parent’s military family-care plan. A parent’s absence due to military service shall not be used as a factor to support modification of a parenting plan or allocation judgment. (4) RESTRICTION ON CONSIDERING CONDUCT: Under 750 ILCS 5/602.7(c), the court shall not consider conduct of a parent that does not affect that parent’s relationship to the child. (5) ELECTRONIC COMMUNICATION: Courts may order reasonable electronic communication (video calls, phone, etc.) as part of parenting time, particularly in relocation cases or where geographic distance is significant. (6) TWO-YEAR RESTRICTION ON MODIFICATION: For decision-making responsibility orders, no motion to modify may be filed within 2 years of the original order unless there is a serious endangerment showing (750 ILCS 5/610.5(c)).
Official Sources & Resources
- Cornell LII — Child Custody: law.cornell.edu
- NCSL Custody Laws: ncsl.org
- Illinois Custody Statute: 750 ILCS 5/600 et seq. (Illinois Marriage and Dissolution of Marriage Act, Part VI — Allocation of Parental Responsibilities). Key sections: 750 ILCS 5/602.5 (allocation of significant decision-making responsibilities); 750 ILCS 5/602.7 (allocation of parenting time — best interest factors); 750 ILCS 5/602.10 (parenting plan); 750 ILCS 5/603.10 (restriction of parenting time / supervised visitation); 750 ILCS 5/606.10 (child support); 750 ILCS 5/609.2 (relocation); 750 ILCS 5/610.5 (modification); 750 ILCS 5/602.9 (non-parent visitation including grandparents); 750 ILCS 5/506 (representation of child — GAL, child representative, attorney for child). Also: 750 ILCS 46/ (Illinois Parentage Act of 2015 — for unmarried parents).
Last verified April 2026. Contact us if you notice outdated information.