A Brief Guide to Child Custody in Illinois

 Posted on February 26, 2025 in Child Custody

While in theory, fathers and mothers have the same chance of being awarded primary custody (known as the allocation of parental responsibilities in Illinois), in practice, fathers in the state only obtain the majority of parenting time about 23.1 percent of the time. While custody schedules are detailed and complex – making them difficult to compare – it appears politics have some impact on custody.

States that are seen as "red," or Republican, only award equal parenting time for mothers and fathers about 22 percent of the time, while "blue" or Democrat states give equal custody about 40 percent of the time. On average, a divorced dad living in a largely Republican state will see his child 400 fewer hours each year than a blue-state dad.

Whether you are a mom or dad in the state of Illinois who is going through a divorce, you should not let these statistics either encourage or dishearten you. Judges do their best to determine what division of parenting time is in the child's best interests and then order an agreement that most accurately reflects that decision. Talking to a St. Charles, IL family law attorney can be extremely helpful if you are facing divorce and are worried about how parental responsibilities will be allocated.

Is Equal Parenting Time the Default in Illinois?

Recent changes to Illinois law establish the presumption that both parents are fit and equal parenting time is in the child’s best interests unless there is evidence to the contrary. Courts generally try to order shared parenting time that is as close as possible to 50/50, or, at the very least, "reasonable" parenting time for each parent.

It is presumed that children do best when they spend time with both parents. Unfortunately, a true 50/50 split is unlikely simply because when you put two parents’ work schedules and proximity to one another in the mix along with the child’s schedule, it can be tough to create a parenting plan that is truly 50/50.

Illinois family courts do not discriminate between parents based on gender; both sides are given a voice, and the ultimate decision is based on a parenting time agreement that works for all those involved – but especially the child. While the parent’s wishes are certainly a factor, they are far from the most important factor for most judges.

What is the Allocation of Parental Responsibilities?

Not so long ago in Illinois, there were two forms of custody: physical and legal. The former related to which parent the child primarily lived with, while the other parent received "visitation." Legal custody referred to whether one or both parents made decisions regarding important issues for the child, including religion, education, health, and extracurricular activities.

Unless the parents demonstrated a clear inability or unwillingness to make decisions together, legal custody was usually given to both parents. The allocation of parental responsibilities determines whether one or both parents will make these important decisions, while parenting time states how much time the child will spend with each parent – and when.

What Does a Judge Base Parental Responsibilities and Parenting Time On?

So, how does a judge determine what split of parenting time and parental responsibilities is in the child’s best interests? Judges will typically consider the following factors when making this decision, although it cannot be assumed that one factor is given more weight than others.

• What each parent has requested as far as parenting time
• If the child is old enough and/or mature enough, his or her wishes may be factored in.
• How much time each parent spent with the child before the divorce
• The mental and physical health of each parent
• Whether the child has special needs
• The physical distance between the homes of the parents
• Whether each parent is willing to cooperate with one the other
• The child’s previous interactions with each parent, siblings, grandparents, and other important family members
•  How well the child has adjusted to his or her current home, community, and school
• Whether there is a history of domestic abuse by either parent
• Whether either parent has an ongoing drug or alcohol abuse issue
• A serious criminal history of either parent
• Any other factor the court deems relevant

Location, Moving, and Vacations

A custody case held in the state means Illinois is considered the home state of the child. Parenting time will be centered on keeping the child in the state.  A parent with equal or more parenting time is only allowed to move a certain distance from the other parent. This distance depends on whether the current residence is considered a "collar" county (Cook, DuPage, Kane, Lake, McHenry, and Will Counties) or is outside these collar counties.

For collar counties, a parent with equal or more parenting time cannot move more than 25 driving miles, while for other counties, the allowable distance is 50 miles. The miles are measured by an internet mapping service, which measures driving miles. If the parent with equal or more parenting time wants to relocate, he or she must either have the permission of the other parent or must provide written notice to the other parent and file the notice with the clerk of the court.

This notice must be provided at least 60 days prior to the anticipated relocation. The written notice must include the intended date of the relocation, the address of the intended new residence, and the length of time the relocation will last if it is not meant to be permanent. The judge will decide whether the parent’s request to move is in the best interests of the child and could deny the request if it is not.  

A parent who plans to take the child out of the state for a vacation must inform the other parent before the planned vacation. Contact information for the child must also be provided to the other parent and arrangements must be made for the child and the parent to talk on the phone, text, or email during the vacation. The court does not look kindly on parents who move or leave on an extended vacation without informing the other parent.

Can Parenting Time Decisions Be Modified?

If a parent with less than 50/50 parenting time feels the welfare of the child is not being well-managed or that the child’s safety is at stake, he or she can request a custody modification hearing. Unless there is a true emergency, courts usually wait two years before reviewing a request for modification of parenting time. It is definitely advantageous to have an attorney review the case before requesting a custody modification.

Usually, there must be a substantial change in circumstances for a judge to consider such a change. This change in circumstances could be a parent whose time on the job has significantly increased or a parent who has an illness that prevents him or her from spending as much time with the child.

Contact a DuPage County, IL Parental Responsibilities Lawyer

If you need an experienced Batavia, IL parental responsibilities attorney to guide you through a divorce or parenting time issue, we hope you will consider The Law Office of Matthew M. Williams, P.C.. Attorney Williams has more than a decade of experience, a degree in psychology, and the background and knowledge to deal with virtually any parental responsibilities case. To schedule an appointment, please call 630-409-8184.