Child Custody in Illinois (2026)

Illinois’s Shift from “Custody” to “Allocation of Parental Responsibilities”

In January 2016, Illinois became one of the first states to fully abandon the language of “custody” and “visitation” in family law proceedings. The overhaul of the Illinois Marriage and Dissolution of Marriage Act replaced these terms with allocation of parental responsibilities and parenting time, a change codified in 750 ILCS 5/602.5 through 602.7.

The shift was more than cosmetic. The Illinois legislature concluded that labeling one parent as the “custodial” parent and the other as “non-custodial” created an adversarial dynamic and an inaccurate impression that one parent was more important than the other. By replacing “custody” with “parental responsibilities,” the law reframes the inquiry: instead of asking which parent “gets” the child, courts now ask how specific responsibilities should be divided between two parents who both have meaningful roles.

Under the new framework, decision-making authority is broken into four discrete categories — education, healthcare, religion, and extracurricular activities — each of which can be allocated independently. This means a court can assign one parent sole authority over educational decisions while granting the other parent decision-making over healthcare, or assign both parents joint authority in all four areas. The granularity of this approach allows courts to tailor the allocation to each family’s actual dynamics rather than applying a one-size-fits-all label.

For practitioners and parents who moved through the system before 2016, the terminology change can be confusing. Old orders that reference “custody” and “visitation” remain enforceable, but any new orders or modifications use the updated language. If you have an older order, understanding how the terms map to the new framework is important for navigating future proceedings.

Allocation of Parental Responsibilities

Illinois divides parental responsibilities into two categories:

• Significant decision-making responsibility — The authority to make major decisions on behalf of the child in four specific areas: education, healthcare, religion, and extracurricular activities. The court may allocate each area to one parent or to both parents jointly. For example, one parent might have sole authority over education decisions while both parents share decision-making on healthcare.
• Parenting time — The schedule that determines when the child is with each parent. Parenting time encompasses all routine daily decisions made while the child is in that parent’s care.

This structure allows courts to tailor the allocation to each family’s strengths. A parent who has historically managed the child’s medical care, for example, might receive decision-making authority over healthcare even if the other parent has more overall parenting time.

For a broader look at custody structures across states, see our guide on child custody laws explained.

No Presumption for Equal Parenting Time

Illinois law does not include a presumption in favor of equal parenting time or any specific division of time. The court evaluates the facts of each case and allocates parenting time based on the child’s best interests. In practice, arrangements range from roughly equal splits to schedules in which one parent has the majority of overnights and the other has regular weekday or weekend time.

Both parents are entitled to reasonable parenting time unless the court finds that such time would seriously endanger the child’s physical, mental, moral, or emotional health.

Best Interests Factors

750 ILCS 5/602.7(b) lists 17 factors the court must consider when allocating parenting time. Key factors include:

• The wishes of each parent
• The wishes of the child, taking into account the child’s maturity and ability to express reasoned preferences
• The amount of time each parent spent performing caretaking functions for the child in the 24 months preceding the filing (or since the child’s birth, if shorter)
• The mental and physical health of all individuals involved
• The child’s adjustment to home, school, and community
• Each parent’s willingness and ability to facilitate and encourage a close and continuing relationship between the child and the other parent
• Any history of domestic violence or abuse
• Whether a parent is a sex offender or lives with a sex offender
• The distance between the parents’ residences and the practical difficulties of parenting time arrangements
• Whether a restriction on parenting time is appropriate
• The terms of a parent’s military family-care plan, if applicable
• Any other factor the court expressly finds relevant

For the allocation of significant decision-making, the court considers a separate but overlapping set of factors under 750 ILCS 5/602.5(c), including the wishes of the parents, the child’s needs, the level of each parent’s past participation in decision-making, and any prior agreement between the parents.

Child’s Preference

Illinois does not set a specific age at which a child’s preference becomes a factor. The statute directs the court to consider the child’s wishes based on the child’s maturity and ability to express reasoned and independent preferences. In practice, courts give more weight to the opinions of older children and teenagers, but a younger child’s clearly articulated preference may also be considered.

The child’s preference is one of 17 factors and does not override the court’s independent assessment of best interests.

Parenting Plans

Illinois requires each parent to submit a proposed parenting plan or a joint parenting plan within 120 days of service of the petition (or any later date set by the court). The parenting plan must address the allocation of significant decision-making responsibilities, a parenting time schedule, transportation arrangements, provisions for future modifications, and a process for resolving disputes between the parents.

If the parents agree on a plan, the court will generally approve it unless it is not in the child’s best interests. If they cannot agree, the court will craft an allocation judgment after considering the evidence. For more on this process, see our guide on how child custody is determined.

Mediation and Alternative Dispute Resolution

Illinois does not mandate mediation statewide for parenting disputes. However, courts may order mediation, and many judicial circuits encourage it. Under 750 ILCS 5/602.10, the court may order mediation to assist the parents in developing a parenting plan or resolving disputes about parenting time or decision-making.

Some counties, particularly Cook County, have robust mediation programs integrated into the family court process. Mediation tends to be especially useful in Illinois because the allocation framework — with its four separate decision-making categories — creates multiple opportunities for compromise.

Relocation Rules

Illinois has specific notice requirements for parents who wish to relocate with a child. Under 750 ILCS 5/609.2, the required notice and procedures depend on the distance of the move:

• If the child’s current residence is in Cook County, the relocating parent must provide 60 days’ written notice for any move of 25 miles or more.
• If the child’s current residence is in any other Illinois county, the threshold is 50 miles or more.
• For moves outside Illinois, the 60-day notice requirement applies regardless of distance.

If the other parent objects to the relocation within 30 days of receiving notice, the relocating parent must seek court approval. The court considers 11 factors under Section 609.2(g), including the circumstances and reasons for the move, the quality of each parent’s relationship with the child, the educational opportunities for the child, the presence of extended family, and whether the move will enhance the quality of life for both the child and the relocating parent.

Modification of Parenting Orders

A parent seeking to modify an allocation judgment must demonstrate a substantial change in circumstances since the last order. Under 750 ILCS 5/610.5, the specific standard depends on how recently the order was entered:

• Within the first two years after the order, the parent must show that the modification is necessary to prevent serious endangerment of the child.
• After two years, the parent must show a substantial change in circumstances and that the modification is in the child’s best interests.

This two-year restriction is designed to promote stability and prevent frequent relitigation of parenting arrangements.

When to Seek Legal Help

Illinois’s allocation framework is more detailed and flexible than traditional custody models, which creates both opportunities and complexity. If your case involves a relocation dispute, allegations of domestic violence, disagreements about decision-making authority, or a request to modify an existing order, working with an Illinois family law attorney is strongly recommended.

If you are unsure about your rights under Illinois law, consider scheduling a free consultation to discuss your situation with a qualified family law professional.

Frequently Asked Questions

What terminology does Illinois use instead of “custody”?

Since January 2016, Illinois no longer uses “custody” or “visitation.” Under 750 ILCS 5/602.5 through 602.7, the state uses “allocation of parental responsibilities” for decision-making and “parenting time” for the schedule of time with each parent. Decision-making is divided into four specific categories: education, healthcare, religion, and extracurricular activities, each of which can be allocated separately.

Does Illinois presume equal parenting time?

No. Illinois law does not include a presumption in favor of equal parenting time or any specific division. The court evaluates each case individually under 17 best interests factors listed in 750 ILCS 5/602.7(b), including the amount of time each parent spent performing caretaking functions in the 24 months before filing.

What are Illinois’s relocation notice requirements?

Under 750 ILCS 5/609.2, the requirements depend on location. For parents in Cook County, a move of 25 miles or more requires 60 days’ written notice. For parents outside Cook County, the threshold is 50 miles or more. The non-relocating parent may object, and the court evaluates the move under the best interests standard.

Does Illinois require a parenting plan?

Yes. Each parent must submit a proposed parenting plan or a joint plan within 120 days of service of the petition. The plan must address allocation of decision-making responsibilities in the four categories, a parenting time schedule, transportation arrangements, and a process for resolving future disputes.

Why doesn’t Illinois use the term “custody” anymore?

The Illinois legislature eliminated the terms “custody” and “visitation” in 2016 because they created a winner-loser dynamic that did not serve families well. The old framework implied that one parent “won” custody while the other merely “visited” their child. By replacing these labels with “allocation of parental responsibilities” and “parenting time,” the law emphasizes that both parents retain important roles and that specific decisions should be assigned based on each family’s circumstances rather than a blanket custody label. The change also brought Illinois’s terminology closer to the approach recommended by the American Law Institute and the Uniform Law Commission.

Can grandparents get visitation rights in Illinois?

Grandparents may petition for visitation under the Illinois Marriage and Dissolution of Marriage Act, but standing is limited. A grandparent typically must show that a parent is deceased, incompetent, incarcerated, or has been absent for more than 90 days, and that the grandparent has been unreasonably denied visitation. The court must then determine that visitation is in the child’s best interest, applying a standard that respects the constitutional rights of fit parents to make decisions about their children.

How This Guide Was Researched

This guide was developed through a comprehensive review of the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5/), with a focus on the 2016 amendments that replaced “custody” and “visitation” with the allocation of parental responsibilities framework. Parenting time factors were verified against 750 ILCS 5/602.7(b), significant decision-making allocation against 750 ILCS 5/602.5(c), relocation rules against 750 ILCS 5/609.2, and modification standards against 750 ILCS 5/610.5. Additional context was drawn from the Illinois Courts self-help portal, approved standardized forms for parenting proceedings, and the legislative history of Public Act 99-90, which enacted the 2016 reforms.

Sources and Legal References

This guide draws on the following Illinois statutes and official resources:

• 750 ILCS 5/602.5 — Allocation of significant decision-making responsibilities; the four categories of decision-making authority
• 750 ILCS 5/602.7 — Allocation of parenting time; the 17 best interests factors
• 750 ILCS 5/602.10 — Mediation for parenting disputes
• 750 ILCS 5/609.2 — Relocation of a child; notice requirements and the 11 relocation-specific factors
• 750 ILCS 5/610.5 — Modification of parenting orders; the two-year restriction and substantial change standard

Official Illinois Resources

• Illinois Courts — Self-Help
• Illinois Courts — Family Law Resources
• Illinois Divorce, Child Support & Maintenance Forms

For more about how we research our guides, see our editorial policy and sources methodology.

Related Guides

Illinois Custody Guides

• Relocation with Children in Illinois
• Parental Responsibility in Illinois

Other Illinois Family Law Guides

• Divorce in Illinois
• Child Support and Alimony in Illinois

National Guides

• Child Custody Laws Explained
• How Child Custody Is Determined
• Custody Mediation
• Modifying a Custody Order