Child Custody in Illinois

How Is Child Custody Determined in Illinois?

ByGretchen E. Fisher

In Illinois, “custody” is defined in terms of decision-making responsibilities and parenting time, emphasizing cooperation over competition. While litigation can be stressful and expensive, the Collaborative Divorce process offers a more positive, child-focused approach that helps parents create workable, cooperative parenting plans together.

When parents separate, one of the most important questions to resolve is how parenting responsibilities will be shared. In Illinois, the term “custody” is no longer used. Instead, the law focuses on decision-making responsibilities and parenting time, reflecting a shift away from the win-lose mindset that the word custody often implied. Let’s examine the issues involved in determining custody.

Decision-Making Responsibilities

Illinois law identifies four areas in which it must be determined who will make the parenting decisions:

  • Health
  • Education
  • Religion
  • Extracurricular activities

These decisions can be shared jointly, made solely by one parent, or divided between the two. If parents cannot agree, the court will evaluate 14 factors to determine how decision-making should be allocated. These include:

  • The ability of the parents to cooperate
  • The mental and physical health of each parent
  • Who has historically made important decisions
  • Any history of violence or abuse

One of the most important factors, however, is whether each parent can treat the other with civility and respect. Courts are reluctant to award joint decision-making if one parent consistently disparages or is disrespectful of the other.

Parenting Time

The second component of what we used to call custody is parenting time. This is the schedule of when children reside at each parent’s home. If the Court must make this decision, it considers 16 factors, many overlapping with those for decision-making. Common considerations include:

  • The wishes of a mature child if not inappropriately influenced by a parent
  • Prior agreements or established parenting patterns
  • The distance between the parents’ homes
  • Each parent’s willingness to foster the child’s relationship with the other parent

The last point is often decisive. Even a parent who otherwise appears highly capable may lose parenting time if they are unwilling to facilitate and encourage the child’s bond with the other parent.

The Role of “Custodial Parent”

Although the state of Illinois avoids using the term custody, other laws such as the school code still use it. To comply, parenting agreements (called allocation judgments) include a designation of one parent as the “custodial parent” for statutory purposes only. This does not alter parenting time or decision-making rights.

The Collaborative Divorce Process is the Most Positive Approach

Child custody, understood in Illinois as decision-making and parenting time, is determined through a detailed and thoughtful process in Illinois. While courts weigh multiple factors, the Collaborative Divorce process offers a healthier, less adversarial path. At its core, the goal is not for one parent to “win,” but for both parents to remain active, supportive figures in their children’s lives.

Gretchen Fisher is an experienced family law attorney in Libertyville, Illinois and has been practicing law since 1988.  She currently handles divorce, paternity and child support cases. Gretchen also works with post-litigation issues. She is trained as a mediator for all types of family law cases. To learn more, you may visit https://gretchenfisher.com.

To contact Gretchen, call 847-281-0130 email gretchen@gretchenfisher.com or visit the website above.

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