How Is Child Custody Decided in Illinois in 2026?

 Posted on March 27, 2026 in Child Custody

If you are going through a divorce or separation in Illinois and have children, one of the first things on your mind is probably child custody. Illinois no longer uses "custody" as the main legal term in most cases. Instead, the law focuses on parenting time and the allocation of parental responsibilities. What exactly do these terms mean, and how are they handled in difficult custody cases? Our experienced Wheaton child custody attorney explains. 

Why Did Illinois Stop Using the Word "Custody"?

In 2016, Illinois updated its family law under the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5/602.5 and 750 ILCS 5/602.7). The law replaced "custody" and "visitation" with two separate ideas: allocation of parental responsibilities and parenting time. This was not just a name change. The new framework gives courts better tools to divide parenting roles in a way that fits each family, rather than forcing every situation into a winner-take-all arrangement.

What Is the Allocation of Parental Responsibilities in Illinois?

Allocation of parental responsibilities means decision-making authority, or who gets to make important choices about your child’s life. Under 750 ILCS 5/602.5, those decisions include:

• Education, including school choice and tutoring

• Healthcare and medical treatment

• Religious upbringing

• Extracurricular activities

The court can give these responsibilities to one parent (sole decision-making) or share them between both parents (joint decision-making). The court can also split categories. For example, one parent might handle education decisions alone while both parents share authority over healthcare.

What Is Parenting Time and How Does It Work in Illinois?

Parenting time is what most people picture when they think of a custody schedule, which refers to the actual days and hours each parent spends with the child. Under 750 ILCS 5/602.7, Illinois courts start from the position that both parents are fit and that children benefit from having a relationship with both. Courts will not restrict parenting time unless there is real evidence that a parent’s involvement would seriously endanger the child’s health or well-being.

Parenting time schedules can look many different ways. Some families split time equally. Others set up a primary home with regular visits for both parents. What matters most is a schedule that is stable and focused on the child’s needs.

How Does an Illinois Court Decide What Is Best for a Child?

According to the U.S. Census Bureau, about one in four children in the United States live with only one parent. Many families face tough decisions about custody. Parents are encouraged to create a parenting plan on their own, using mediators to negotiate when necessary. If this is not possible, a judge will look at the facts and make decisions for the parents.  

Illinois judges weigh many factors when deciding what a child’s best interests are, including:

• Each parent’s wishes

• The child’s wishes, based on age and maturity

• How much time each parent spent in caretaking roles in the 24 months before the petition was filed

• The child’s adjustment to home, school, and community

• The mental and physical health of everyone involved

• Each parent’s ability to cooperate on decisions

• Whether domestic violence is present

One important point: the court cannot punish a parent for behavior that does not affect their relationship with the child. Personal choices that do not harm the child are simply not relevant to the court’s decision.

Do Illinois Child Custody Cases Ever Go to Trial?

Most parenting cases are resolved through negotiation, mediation, and settlement instead of a full trial. In Illinois, parents must file a proposed parenting plan within 120 days of a petition being filed. If parents agree, the court will usually approve their plan as long as it serves the child's best interests. If they truly cannot agree, or if there are questions of abuse or neglect, the case can go to trial.

Whether your case is simple or contested, the choices you make early are important to the overall outcome of the case. Parenting arrangements set now will shape your child's life for years, and changing them later requires proving a substantial change in circumstances. That is why it is important to speak with an experienced attorney before making any decisions.

Contact a Wheaton, IL Child Custody Attorney Today

If you have questions about parenting time or the allocation of parental responsibilities in DuPage County, the dedicated DuPage County child custody lawyer at Smit Zaruba P.C. is ready to help you understand your rights and build a strategy that puts your child first. Call 630-480-7600 today.