Frequently Asked Questions About Illinois Child Custody Cases

 Posted on April 10, 2025 in Child Custody

Frequently Asked Questions About Illinois Child Custody Cases

When parents are facing a divorce or separation, or when unmarried parents decide to co-parent from separate households, one of the most challenging legal issues they will face involves the care of their children. In Illinois, child custody is addressed through a legal framework known as the "allocation of parental responsibilities" and "parenting time." While the terms may have changed from the older concepts of legal and physical custody, the concerns parents face remain the same: Who will make decisions for the children? Where will the children live? How can both parents stay actively involved?

At Weiss-Kunz & Oliver, LLC, we guide parents through every stage of the custody process. Whether you are filing for divorce, resolving parenting issues as an unmarried parent, or modifying an existing court order, our Illinois family law attorneys are here to help you understand your rights and protect your relationship with your children. Below are answers to some of the most common questions we receive about Illinois child custody law.

What Is the Allocation of Parental Responsibilities in Illinois?

In Illinois, parental responsibilities refer to a parent’s authority to make significant decisions about a child’s upbringing. These responsibilities are broken into four primary categories: education, healthcare, religion, and extracurricular activities. In many cases, parents will share decision-making responsibilities equally. However, a court may allocate responsibilities in different ways depending on the parents’ ability to cooperate and what is in the best interests of the child.

When parents disagree about who should make these decisions, the court may need to intervene. The presiding judge will consider several factors, including the child’s needs, the past decision-making roles of each parent, the parents’ willingness to cooperate, and whether there has been any history of abuse or neglect. The goal is to support the child’s health and development by creating a structure that enables informed, thoughtful decision-making.

What Is Parenting Time?

Parenting time refers to the time a child spends in the care of each parent. This replaces the older term "physical custody" or "visitation." Parenting time arrangements are intended to promote frequent, consistent contact with both parents when safe and appropriate. Parents may create a schedule together, or, if they cannot agree, the court will determine one based on the child’s best interests.

A judge may evaluate several factors, such as each parent’s involvement in caregiving over the previous two years, the distance between households, the child’s age and needs, the ability of each parent to meet those needs, and the level of conflict between the parents. Parenting time is presumed to be appropriate for both parents unless there is evidence that a parent poses a danger to the child. If necessary, parenting time may be supervised to protect the child’s safety while preserving the parent-child relationship.

What Is a Parenting Plan?

A parenting plan is a formal document submitted to the court that outlines how parenting responsibilities and parenting time will be divided. In Illinois, both parents are required to submit a proposed parenting plan within 120 days of the initial filing. If the parents are able to agree, they may submit a single plan together. If not, each parent may file their own plan, and the judge will resolve the differences.

A well-drafted parenting plan will address the weekly parenting schedule, holidays and school breaks, decision-making responsibilities, communication protocols, transportation arrangements, dispute resolution methods, and any special provisions such as rules about discipline or electronic device use. The goal is to create a roadmap that reduces conflict, supports stability, and meets the unique needs of the child and family.

What Is the Right of First Refusal?

The right of first refusal is an optional provision that can be included in a parenting plan. It allows one parent to offer the other parent the opportunity to care for the child when the first parent is unable to do so during their scheduled parenting time. For example, if a parent is called into work and needs child care, the other parent must be given the first opportunity to step in before a babysitter or grandparent is called.

If parents agree to include the right of first refusal, they should be clear about how much notice must be given, how long the parent must be unavailable for the right to apply, how transportation will be handled, and how the parents will communicate about the arrangement. This section can help both parents remain involved and reduce the use of third-party childcare.

When Can Changes Be Made to Child Custody?

Custody orders are based on the child’s best interests at the time they are issued, but circumstances can change. Illinois law allows for the modification of custody orders when there has been a significant change in circumstances. This may include a parent’s relocation, a change in work hours, the child’s evolving needs, or a parent’s inability to follow the existing parenting plan.

Modifications to parenting time can be requested at any time if the proposed change would benefit the child. However, changes to decision-making responsibilities are generally not permitted within the first two years unless there is a serious concern for the child’s physical, emotional, or mental health. Courts will only approve modifications that continue to serve the child’s best interests.

What Is Parental Relocation?

Parental relocation refers to a parent’s plan to move with the child, either within Illinois or out of state. Under Illinois law, a parent who has the majority of parenting time — or who shares parenting time equally — must give notice and, in some cases, receive court approval before relocating.

The relocation rules vary depending on the distance. For parents living in DuPage County and certain other nearby counties, a move of 25 miles or more requires advance notice and may require court approval. The relocating parent must notify the other parent at least 60 days in advance and file a copy of the notice with the court. If the other parent consents, the court will usually approve the relocation as long as the new parenting plan supports the child’s well-being. If the other parent objects, the court will hold a hearing to determine whether the move is in the child’s best interests.

Do Illinois Courts Favor Mothers in Child Custody Cases?

Technically, no. Illinois law is gender-neutral, meaning neither mothers nor fathers are given preference when parenting responsibilities are allocated. Courts are required to evaluate the unique circumstances of each case and make custody decisions based solely on what is best for the child.

Factors that may influence the court’s decision include each parent’s history of caregiving, the child’s relationship with each parent, the ability of the parents to cooperate and communicate, and the stability of each parent’s home. While cultural assumptions sometimes persist, the law itself does not favor one parent over the other based on gender.

Can Parents Share Equal Custody of Children in Illinois?

Yes. Many parents in Illinois successfully share parenting time and decision-making responsibilities equally. This type of arrangement is often referred to as joint custody, though the law no longer uses that term. Instead, the court may approve a parenting plan that gives both parents substantial time with the children and shared authority over major decisions.

Even in equal parenting time arrangements, one parent’s home may be designated as the child’s primary residence for school registration or other administrative purposes. The key consideration is whether the arrangement promotes the child’s stability and ongoing relationship with both parents.

How Do Illinois Courts Handle Custody for Unmarried Parents?

Unmarried parents must first establish legal parentage before the court can issue orders about parenting time or responsibilities. When a child is born to unmarried parents, the mother is automatically considered the legal parent. The father must establish paternity either by signing a Voluntary Acknowledgment of Paternity or through a court order, which may require DNA testing.

Once paternity is legally established, the father has the same rights and responsibilities as the mother. At that point, the court can allocate parenting time and decision-making in the same way it would in a divorce case. Until paternity is established, however, the father does not have an enforceable right to custody or visitation.

How Is Custody Handled if One Parent Has a History of Substance Abuse?

Substance abuse is a serious concern in any child custody case. If one parent has a documented history of drug or alcohol abuse, the court may place restrictions on their parenting time to protect the child’s safety. This does not mean the parent will automatically lose custody, but the court may require conditions to ensure the child’s well-being.

Depending on the circumstances, the court may order supervised visitation, require the parent to complete a treatment program, or mandate regular drug testing. The judge will assess whether the parent has taken steps toward recovery, whether the substance use is ongoing, and whether the child would be safe during visits. Ultimately, the court will prioritize the child’s needs while also supporting the parent-child relationship when possible.

How Is Parenting Time Handled During Holidays and School Breaks?

Parenting plans typically include a holiday schedule that takes priority over the regular weekly parenting time. Parents may agree to alternate holidays such as Thanksgiving and winter break or split school vacations so that each parent has extended time with the children.

A detailed holiday schedule can help reduce conflict and give both parents the opportunity to create special memories with their children. Plans often include provisions for birthdays, religious holidays, spring break, and summer vacations. The more specific the plan is, the more stability and predictability it provides for everyone involved.

Can Children Choose Which Parent They Want to Live With?

Children may express a preference, but they do not have the legal authority to choose which parent they will live with until they are 18. In Illinois, the court may consider the child’s wishes as one factor among many, especially if the child is mature enough to express a well-reasoned opinion. However, a judge is not required to follow the child’s preference and will evaluate whether the preferred arrangement is in the child’s best interests.

The court is also cautious about whether the child has been pressured or manipulated. If appropriate, a judge may appoint a guardian ad litem or a child representative to speak with the child and report back to the court with recommendations.

What Happens if One Parent Violates the Parenting Plan?

When a parent violates the parenting plan — by denying parenting time, failing to follow the schedule, or making major decisions without the other parent’s input — the other parent can ask the court to intervene. Illinois courts take these violations seriously because they can harm the child and disrupt the co-parenting relationship.

Possible consequences include requiring make-up parenting time, imposing fines or attorney’s fees, or modifying the parenting plan to prevent future violations. In more serious cases, the violating parent may be held in contempt of court. If you believe your co-parent is not following the court order, it is important to document the violations and speak with an attorney about your legal options.

Contact a DuPage County, IL Child Custody Attorney

At Weiss-Kunz & Oliver, LLC, we provide experienced, compassionate guidance to parents navigating custody issues in Illinois. Whether you are developing a parenting plan, seeking enforcement of an existing order, or addressing complex concerns such as relocation or substance abuse, we are here to advocate for your rights and your child’s best interests. Contact an Elmhurst, IL child custody modification lawyer at Weiss-Kunz & Oliver, LLC by calling 312-605-4041 to schedule a consultation and learn more about how we can help.