How Is Child Custody Decided in Illinois?

 Posted on May 18, 2026 in Child Custody

When parents separate, custody questions are often the hardest to resolve. The U.S. Census Bureau reported about 13.9 million custodial parents in 2022. These are parents raising children when the other parent lives outside the home. That number shows just how common parenting disputes and child support issues are across the country. 

If you plan to file for divorce in 2026, knowing how Illinois courts make these decisions can help you protect your relationship with your child. For guidance specific to your situation, contact a Joliet, IL child custody attorney at Jordan Steele & Associates, LLC today.

Does Illinois Still Use the Term 'Child Custody'?

Illinois no longer uses the words "custody" or "visitation" in family court. Since January 1, 2016, the Illinois Marriage and Dissolution of Marriage Act replaced those terms with two concepts: parental responsibilities and parenting time. Parental responsibilities cover who makes major decisions for the child. That includes choices about education, health care, and religion. Parenting time refers to the schedule of when the child is with each parent. The focus is on function, not on one parent "winning" over the other.

What Is the Best Interest Standard in Illinois Child Custody Cases?

Every decision about parenting time comes down to one question: what is in the child's best interest? Under the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5/602.7), courts must allocate parenting time based on the child's best interests. The law lists more than a dozen factors, so there is no single formula.

Those factors include:

• Each parent's wishes about parenting time

• The child's own preferences, depending on their age and maturity

• How much time each parent spent on caregiving in the two years before the case was filed

• The child's adjustment to their home, school, and community

• Each parent's willingness to support the child's relationship with the other parent

• Any history of abuse or domestic violence in the household

Illinois law presumes both parents are fit. A court cannot restrict parenting time without solid evidence of serious risk to the child's physical, mental, or emotional health.

How Do Illinois Courts Divide Parental Decision-Making Responsibilities?

Decision-making responsibilities can be shared or awarded to one parent. Courts focus on the parents' ability to cooperate and communicate. If conflict between parents would make joint decision-making unworkable, a judge may assign sole decision-making to one parent. This does not automatically affect parenting time. The two are evaluated separately under 750 ILCS 5/602.5. A parent can have equal parenting time while the other holds sole authority over certain decisions.

What Role Does a Parenting Plan Play in an Illinois Custody Case?

A parenting plan outlines the parenting time schedule, how decisions will be made, and how disputes will be handled. Parents can create their own parenting plan and submit it to the court for approval. Under 750 ILCS 5/602.10, this must usually be done within 120 days after a petition involving parental responsibilities is filed or served. If the parents agree on a parenting plan and the court finds it serves the child's best interests, the court will approve it. If parents cannot agree, the court sets the terms instead.

A mediator can help both parties reach an agreement about child custody without litigation. Attorney Andrea Jordan is a trained mediator.

What Can Hurt a Parent's Chances in an Illinois Custody Case?

Illinois courts pay close attention to how each parent behaves during the case. Actions that can work against you include:

• Speaking negatively about the other parent in front of the child

• Refusing to follow a temporary parenting order during the case

• Limiting the child's contact with the other parent without a court order

• Failing to show up consistently for parenting time or school events

The court looks at patterns of involvement and cooperation, not just what is said in the courtroom. Keeping records of your caregiving history and your communications with the other parent can help if your case becomes contested.

Schedule a Consultation with a Joliet, IL Child Custody Attorney

Child custody decisions shape your child's life for years. At Jordan Steele & Associates, LLC, our attorneys have over 40 years of combined experience in Illinois family law. That includes complex parenting disputes and cases involving guardians ad litem. We are a Black women-owned firm that believes clients deserve more than band-aid solutions. To speak with Kane County family law lawyers, call 872-314-0080 today.

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