Parental responsibility and child custody in Illinois

What changed in 2016 and why it matters

Before 2016, Illinois parents fought over "custody" and "visitation." One parent often walked away with sole custody and a sense of having "won," while the other was relegated to a weekend schedule. The law recognized that this model often put parental conflict ahead of children's wellbeing, and the Illinois Marriage and Dissolution of Marriage Act was rewritten to fix it.

The 2016 amendments replaced "custody" with allocation of parental responsibilities and replaced "visitation" with parenting time. The shift is more than a terminology update. It is a fundamental change in how the law thinks about children and divorce: both parents are presumed fit and capable of meaningful involvement, and the court's job is to find an arrangement that genuinely serves the child, not to decide who wins the dispute.

Understanding the new framework matters because it changes how you negotiate and what you ask for. If you approach your Illinois divorce still thinking in terms of "winning custody," you may end up with a less workable outcome than if you focus on building a parenting plan that actually fits your child's life. For a broader picture of how Illinois handles divorce, see the complete Illinois divorce guide.

Decision-making responsibilities explained

Decision-making responsibilities refer to a parent's authority to make significant, long-term choices about a child's life. These are not the small day-to-day decisions (what to eat for dinner, what time to go to bed) that each parent handles independently during their own parenting time. They are the bigger choices that shape the child's development over years.

Illinois law identifies four primary categories of significant decision-making:

• Education. School selection, special education programs, tutoring, and learning support services.
• Healthcare. Medical treatments, selecting providers, therapy, and health insurance decisions.
• Religion. The child's faith upbringing and participation in religious practices, based on any prior agreement between the parents.
• Extracurricular activities. Sports, arts, clubs, and other organized activities outside of school.

Can decision-making be split between categories?

Yes, and this is one of the most important features of the current law. Before 2016, one parent typically held all significant decision-making authority. Today, parents can divide it. For example, one parent might hold responsibility for education decisions while the other holds responsibility for healthcare. Courts and parents also frequently agree to joint decision-making across all four categories, which means both parents must consult and reach agreement before major decisions are made.

What about routine decisions?

Each parent makes routine decisions during their own parenting time independently. Illinois law is clear that the parent who has the child in their care at any given moment has full authority over day-to-day choices and emergency decisions affecting health and safety. Neither parent needs to call the other to decide what the child eats for breakfast or whether they need a bandage for a scraped knee.

Parenting time: how schedules are set

Parenting time refers to the actual time a child spends in each parent's care. It encompasses regular weekday and weekend schedules, holiday rotations, vacation time, school breaks, and any special days (birthdays, Mother's Day, Father's Day, and others) the parents agree to address in writing.

Illinois law favors maximizing the child's meaningful relationship with both parents. Courts do not automatically give one parent more time than the other based on gender or who filed for divorce first. What matters is the history of caretaking, the child's needs, and what schedule will realistically support the child's stability and relationships.

Common parenting time schedules in Illinois

A parent who is not allocated significant decision-making responsibilities still has the right to reasonable parenting time, unless the court finds that contact would seriously endanger the child's physical, mental, moral, or emotional health. Parenting time is almost never withheld entirely, even in difficult cases.

If your child has special concerns relating to your divorce, the Hello Divorce article on special concerns for divorce with minor children covers topics like anxiety, school transitions, and how to keep communication child-focused.

Best interests of the child: the full factor list

Every decision an Illinois judge makes about parenting time and decision-making responsibilities flows from a single question: what arrangement is in this child's best interests? Illinois law provides a detailed list of factors courts must consider. Neither factor alone controls the outcome. Judges weigh them together based on the specific circumstances of each family.

The factors Illinois courts evaluate include:

• The wishes of each parent seeking parenting time or decision-making authority.
• The wishes of the child, taking into account their maturity and ability to express reasoned preferences.
• How much time each parent spent performing caretaking functions in the 24 months before any petition was filed (or since birth if the child is under two).
• Any prior agreements or patterns of conduct between the parents regarding caretaking.
• The child's relationships with parents, siblings, and others who significantly affect their wellbeing.
• The child's adjustment to their home, school, and community.
• The mental and physical health of all individuals involved.
• Each parent's ability to cooperate to make decisions, or the level of conflict between them.
• The distance between residences, cost and difficulty of transporting the child, and the parents' and child's daily schedules.
• The willingness of each parent to facilitate a close and continuing relationship between the child and the other parent.
• Any history of physical violence, abuse, or threat of violence toward the child or any member of the household.
• Whether either parent is a convicted sex offender.
• Any other factor the court expressly finds relevant to the child's best interests.

Research consistently supports the Illinois framework. Studies published in the journal Psychology, Public Policy, and Law have found that children with substantial, consistent time with both parents report better outcomes in social development, academic achievement, and emotional wellbeing, provided parental conflict is low. The law's emphasis on maximizing contact with both parents reflects that research.

Creating your parenting plan in Illinois

A parenting plan is the written, signed document that maps out how parenting time and decision-making responsibilities will work after the divorce. It is not optional. Illinois law requires one in every case involving minor children, and it must be submitted to the court within 120 days after service of a petition for allocation of parental responsibilities.

If parents agree on a plan, the court reviews it and almost always approves it, as long as the arrangement is in the child's best interests. The court can and does reject plans that are vague, unworkable, or that clearly disadvantage a child. If parents cannot agree, each parent submits their own proposed plan and a judge decides.

What must a parenting plan include?

Illinois law sets out the minimum required contents of every parenting plan:

• An allocation of significant decision-making responsibilities by category.
• Provisions for the child's living arrangements and a parenting time schedule, including holidays, school breaks, and special occasions.
• The residential address of each parent.
• Communication procedures between the parents and between each parent and the child.
• Transportation arrangements for parenting time exchanges.
• A process for resolving future disagreements (such as mediation).
• Provisions for handling a parent's future relocation.
• A right-of-first-refusal clause, if the parents choose to include one (this gives each parent the right to care for the child if the other parent needs childcare for a set period).

What happens if parents can't agree?

When parents can't reach agreement on a parenting plan, Illinois courts require mandatory mediation before the issue goes to a judge. A mediator is a neutral third party whose job is to help parents find common ground. Mediation is not binding, but courts view it as a serious step and expect good-faith participation. If mediation fails, the court holds a hearing and makes the determination based on the best interests factors. Hello Divorce provides access to experienced Illinois mediators through Illinois divorce mediation services.

Relocation: what happens if a parent wants to move

One of the most practically significant parts of any Illinois parenting arrangement is what happens if a parent wants to move. Illinois has specific rules that define when a move crosses into "relocation" territory requiring formal notice and potentially court approval.

A parent seeking to relocate must provide the other parent with written notice at least 60 days before the planned move. If the other parent agrees and signs the notice, the relocating parent files it with the court and the move proceeds without a hearing. If the other parent objects, the relocating parent must file a petition and the court holds a hearing.

A relocation automatically qualifies as a substantial change of circumstances, which means it triggers a review of the entire parenting arrangement. Courts weigh factors including the reasons for the move, the reasons for any objection, the anticipated impact on the child, educational opportunities at each location, and the presence of extended family. For a deeper look at this issue, see Hello Divorce's guide to Illinois move-away cases.

Modifying a parenting order after divorce

Life changes, and parenting orders sometimes need to change with it. Illinois allows modification of a parenting plan or allocation judgment when there has been a substantial change of circumstances since the original order was entered, and modification is in the child's best interests.

What counts as a substantial change of circumstances?

Courts have recognized many circumstances as "substantial," including a parent's relocation (which is explicitly defined as one by statute), a significant change in a parent's work schedule, a child's changing needs as they age, remarriage that brings a new partner into the home, or a deterioration in a parent's ability to care for the child.

Can parents modify by agreement without going to court?

Yes. Parents who agree on a modification can submit a written agreement to the court. The court must sign it unless it finds the modification is not in the child's best interests. Courts also have the authority to approve minor modifications without a full showing of changed circumstances, as long as both parents agree and the change serves the child.

One practical note: a parent who files for modification in bad faith, purely to harass the other parent, can be ordered to pay the other parent's attorney fees. Illinois courts take this seriously, and repeat offenders can be barred from filing future motions.

Frequently asked questions about parental responsibility in Illinois

Illinois court resources for parenting and custody matters

The following official resources can help you find forms, filing locations, and local court information for your Illinois parental responsibility case.

• Illinois Courts: Find your circuit court
• Illinois Legal Aid Online: Parenting and custody information
• Illinois Legal Aid Online: Parenting plan guide and forms
• Illinois General Assembly: IMDMA Part VI, Allocation of Parental Responsibilities (full statute)
• Cook County Circuit Court: Domestic Relations Division

References & further reading

Sources cited in this article and recommended for further reading.

1. 1. Justia U.S. Law. "2025 Illinois Compiled Statutes, Chapter 750, Part VI: Allocation of Parental Responsibilities" — Full statutory text of the Illinois Marriage and Dissolution of Marriage Act sections governing parental responsibilities, parenting time, and relocation. Justia, 2025. Accessed April 2026.
2. 2. National Institutes of Health, PMC. "Shared Physical Custody and Children's Experience of Stress" — Peer-reviewed research on child outcomes and parenting time arrangements. NIH/PMC, 2014. DOI: 10.1037/law0000005. Accessed April 2026.
3. 3. 17th Judicial Circuit Court of Illinois. "Best Interest Factors" — Official court explanation of the statutory best interests factors applied under Illinois law. Illinois 17th Judicial Circuit, 2025. Accessed April 2026.
4. 4. Illinois Legal Aid Online. "Moving with a child if I'm divorced or never married" — Plain-language explanation of Illinois relocation rules and notice requirements. Illinois Legal Aid Online, 2023. Accessed April 2026.
5. 5. Hello Divorce. "Illinois move-away cases" — Hello Divorce overview of relocation petitions, court factors, and how to navigate a contested move-away case in Illinois. hellodivorce.com. Accessed April 2026.
6. 6. Hello Divorce. "Special concerns for divorce with minor children" — Guide to supporting children emotionally and practically through divorce, including school transitions and co-parenting communication. hellodivorce.com. Accessed April 2026.