How is child custody decided in Illinois?

Question

Accepted Answer

Illinois child custody is governed by the Illinois Marriage and Dissolution of Marriage Act (IMDMA), 750 ILCS 5/600 et seq. The 2016 reform replaced 'custody' terminology with 'allocation of parental responsibilities.'

1. Allocation of Parental Responsibilities — Two Components

Significant decision-making responsibilities (750 ILCS 5/602.5) — education, healthcare, religion, extracurriculars.

Parenting time (750 ILCS 5/602.7) — schedule of when the child is with each parent.

The court can allocate decision-making jointly or to one parent, and may split categories (e.g., one parent decides healthcare, the other education).

2. Best Interest Factors — Decision-Making (750 ILCS 5/602.5(c))

Includes 15+ factors, such as:

Wishes of the child considering maturity.

Child's adjustment to home, school, community.

Mental and physical health of all individuals.

Each parent's ability to cooperate.

Prior course of conduct in decision-making.

Wishes of the parents.

Child's needs.

Distance between residences.

Willingness to facilitate a relationship between the child and the other parent.

Physical violence or threat of physical violence.

3. Best Interest Factors — Parenting Time (750 ILCS 5/602.7(b))

Includes 17 factors covering many of the above plus parental cooperation, restrictions on parenting time (5/603.10 if endangerment shown), and military duty considerations.

4. No Presumption

No presumption favors either parent or joint allocation. The court starts fresh under best interest factors.

5. Child's Preference (750 ILCS 5/604.10)

The court may interview the child in chambers to determine wishes. The court may also appoint a Guardian ad Litem, Child Representative, or Attorney for the Child under 5/506. There is no specific statutory age.

6. Parenting Plan Required (750 ILCS 5/602.10)

Both parents must file proposed parenting plans within 120 days of service. The plan must address allocation of decision-making, parenting time schedule, transportation, communication, and dispute resolution.

7. Modification (750 ILCS 5/610.5)

Decision-making: requires a substantial change in circumstances AND best interest, OR within 2 years a serious endangerment showing.

Parenting time: may be modified upon a showing of changed circumstances (some minor adjustments do not require this).

8. Relocation (750 ILCS 5/609.2)

Defined as a move within Illinois of more than:

25 miles from a residence in Cook, DuPage, Kane, Lake, McHenry, or Will counties.

50 miles from a residence in any other Illinois county.

25 miles outside Illinois for any residence.

Requires written notice 60 days in advance and either consent or court approval based on 11 statutory factors.

This is legal information, not legal advice.