Reviewed August 2026
Child Custody in Illinois
Illinois dropped the word 'custody' from its family law statute. Since a 2016 rewrite of the Illinois Marriage and Dissolution of Marriage Act, cases involving children use the term allocation of parental responsibilities. This splits into two parts: significant decision-making responsibility, the authority to decide major issues like education, health care, religion, and extracurricular activities, and parenting time, the schedule of when the child is with each parent. A case is filed in Circuit Court. The judge decides using the best-interest factors in 750 ILCS 5/602.5 and 5/602.7. Every Illinois case involving a child requires a parenting plan under 750 ILCS 5/602.10. Parents submit one by agreement within 120 days of service, or the court orders its own plan after a contested hearing if they cannot agree. The Illinois Courts self-help center publishes statewide approved forms for allocation of parental responsibilities cases. Once an allocation order is in place, Illinois handles a request to change parenting time differently from a request to change decision-making responsibility. The latter faces a higher bar within the first two years of the order.
Virdix's document-preparation product currently prepares divorce paperwork for California and Florida cases. This page explains how child custody works under Illinois law for people researching before they file. It is not legal advice, and Virdix does not prepare or file Illinois paperwork. See how Virdix works for California divorces.
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Terminology: allocation of parental responsibilities, not custody
Illinois replaced 'custody' and 'visitation' with 'allocation of parental responsibilities,' which separates decision-making responsibility from parenting time. 750 ILCS 5/602.5 lists the factors a court applies to allocate significant decision-making responsibility: each parent's wishes, the child's wishes weighed against the child's maturity, the child's adjustment to home, school, and community, the mental and physical health of everyone involved, the level of conflict between the parents, and the parents' ability to cooperate on decisions. 750 ILCS 5/602.7 sets out a separate, related list of factors for allocating parenting time: the amount of time each parent spent performing caretaking functions in the two years before the petition, each parent's willingness to foster a relationship between the child and the other parent, and evidence of domestic violence or abuse, which the statute directs the court to weigh heavily.
Where and how a case starts
The Circuit Court of the Illinois county where the case is filed decides allocation of parental responsibilities. A parent raises the issue inside a Petition for Dissolution of Marriage, or as a standalone petition to allocate parental responsibilities between unmarried parents, usually alongside establishing paternity through the Illinois Parentage Act if that has not happened yet. At least one spouse must have lived in Illinois, or been stationed there with the armed services, for 90 days before a related dissolution action can proceed. The Illinois Courts self-help center publishes the statewide approved forms and instructions for filing without an attorney.
The required parenting plan, mediation, and parent education
750 ILCS 5/602.10 requires each parent to file a proposed parenting plan within 120 days after service of the petition. The plan must address decision-making responsibility, a parenting-time schedule, and a procedure for resolving future disputes. If the parents cannot agree, the court holds a hearing and enters its own parenting plan using the statutory best-interest factors. Illinois circuit courts commonly refer contested allocation cases to mediation, so parents can reach an agreed parenting plan before a contested hearing. Larger circuits, including Cook County, run their own mediation and parent-education programs, such as parent education classes required for parents with a pending case involving children, though the exact requirement and program name vary by circuit.
Changing an allocation order later
Illinois treats a request to modify parenting time differently from a request to modify decision-making responsibility. Under 750 ILCS 5/610.5, a motion to modify significant decision-making responsibility or the child's residential allocation generally cannot be filed within two years of the prior judgment, unless the parents agree or the court finds the child's current environment seriously endangers the child's physical, mental, moral, or emotional health. 750 ILCS 5/609.2 governs parenting-time-only modifications and applies a comparatively lower best-interest standard. A modification petition goes into the same Circuit Court case that produced the original order.
Sources: Illinois General Assembly - Illinois Compiled Statutes, Chapter 750 (Families), Illinois Courts - Self-Help, Illinois Courts - statewide approved forms
Not independently confirmed
- A direct deep link to the current text of 750 ILCS 5/602.5, 5/602.7, 5/602.10, 5/609.2, and 5/610.5 on the Illinois General Assembly site is not published online with a stable URL pass; the section numbers reflect the 2016 IMDMA rewrite and should be cross-checked against the current ILCS database.
- Which specific circuits mandate parent education classes or mediation, versus offering them, was not confirmed circuit by circuit.
Child Custody in Illinois: frequently asked questions
Does Illinois still use the word custody?+
No. Since 2016, Illinois law uses 'allocation of parental responsibilities,' split into significant decision-making responsibility (major decisions) and parenting time (the schedule). Court orders and forms follow this terminology under 750 ILCS 5/602.5 and 5/602.7.
Do I need a parenting plan in Illinois?+
Yes. 750 ILCS 5/602.10 requires each parent to submit a proposed parenting plan within 120 days of service, covering decision-making responsibility, a parenting-time schedule, and a way to resolve future disagreements. If the parents cannot agree, the court holds a hearing and enters its own plan.
What factors does an Illinois court use to allocate parental responsibilities?+
750 ILCS 5/602.5 covers decision-making factors: each parent's wishes, the child's maturity and wishes, and the parents' ability to cooperate. 750 ILCS 5/602.7 covers parenting-time factors: each parent's caretaking history, willingness to foster the child's relationship with the other parent, and any domestic violence.
Where do I file for allocation of parental responsibilities in Illinois?+
In the Circuit Court of the Illinois county where the case is filed. Married parents raise it inside a Petition for Dissolution of Marriage; unmarried parents file a standalone petition, usually alongside establishing paternity under the Illinois Parentage Act.
Is mediation required in an Illinois allocation case?+
Many Illinois circuits, including Cook County, commonly refer contested cases to mediation and require parent education classes for parents with a pending case involving children. The specific program, and whether it's mandatory, varies by circuit.
How do I change an allocation of parental responsibilities order in Illinois?+
Parenting-time changes use a best-interest standard under 750 ILCS 5/609.2. Changing decision-making responsibility or the child's residential allocation is harder. 750 ILCS 5/610.5 generally bars that motion within two years of the prior judgment, unless the parents agree or the child's current environment seriously endangers their health or development.
This page is general information about child custody in Illinois, not legal advice for your situation. Laws, fees, and procedures change over time; confirm current details with Illinois's own courts before relying on anything here. Virdix is not a law firm and is not licensed to practice law in Illinois. Virdix does not prepare or file Illinois divorce paperwork. It is not a substitute for an attorney licensed in Illinois.
More Illinois divorce guides
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