When parents separate or divorce in Illinois, one of the most critical issues they face is determining parenting time and decision-making responsibilities, commonly referred to as “custody.” Illinois law prioritizes the best interests of the child, and courts follow a structured framework to evaluate what arrangement will serve that standard.
At Kulerski & Cornelison, our team serves families DuPage and Cook counties. We help you understand how Illinois courts make these decisions about custody, and what you can do to prepare. Get in touch today to learn more.
Legal Terminology: Parenting Time vs. Custody
Illinois no longer uses the term “custody” in its statutes. Instead, the law distinguishes between:
- Parenting Time: The schedule that determines when each parent will be responsible for the child’s care.
- Allocation of Parental Responsibilities: The authority to make significant decisions about the child’s life, including education, healthcare, religion, and extracurricular activities.
These changes, enacted under the Illinois Marriage and Dissolution of Marriage Act, reflect a shift toward cooperative parenting and away from winner-takes-all custody battles.
The Best Interests of the Child Standard
Illinois courts base all parenting decisions on the “best interests of the child.” This standard is defined by a set of statutory factors, including:
- The child’s wishes, depending on age and maturity
- The parents’ wishes and ability to cooperate
- The child’s relationship with each parent, siblings, and other significant individuals
- The child’s adjustment to home, school, and community
- The mental and physical health of all parties
- Any history of violence, abuse, or threats
- The willingness of each parent to facilitate a close relationship between the child and the other parent
- Any prior agreements or conduct that reflect parenting roles
Courts may also consider other relevant facts unique to the family’s situation.
Parenting Plans and Court Approval
Parents are encouraged to create a Parenting Plan. This is a written agreement that outlines parenting time and decision-making responsibilities. If both parties agree, they can submit the plan to the court for approval. The court will review the plan to ensure it meets the child’s best interests.
If parents cannot agree, the court will intervene and issue an order based on the statutory factors. In contested cases, the court may appoint a Guardian ad Litem or Child Representative to investigate and advocate for the child’s interests.
Is Equal Parenting Time Guaranteed?
Illinois law does not guarantee equal parenting time. While courts recognize the value of both parents’ involvement, the final schedule depends on what arrangement best supports the child’s needs. In some cases, one parent may receive a majority of parenting time, especially if the other parent has a history of abuse, neglect, or instability.
That said, courts increasingly favor shared parenting arrangements when both parents are fit and willing to cooperate.
Modifying Parenting Time or Responsibilities
Parenting orders are not necessarily forever. Either parent may petition the court to modify parenting time or responsibilities if there has been a substantial change in circumstances. Common reasons for modification include:
- Relocation of a parent
- Changes in the child’s needs or schedule
- Evidence of harm or endangerment
- Parental noncompliance with the existing order
The court will apply the best interest factors again when making any decisions about whether to modify custody arrangements.
Contact an Illinois Custody and Parenting Time Attorney for Help
Illinois courts take a child-centered approach to parenting time and decision-making responsibilities. Whether parents reach an agreement or litigate the issue, the guiding principle remains the same: what arrangement best supports the child’s emotional, physical, and developmental needs.
At Kulerski & Cornelison, our family law attorneys are ready to help. Contact us today for a consultation of your case.