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Illinois, United States

Illinois Child Custody: A Parent's Guide

How child custody works in Illinois, in plain English: the allocation of parental responsibilities, required parenting plans, relocation distance thresholds, and child support.

Last reviewed: 2026-08-09

In short: Illinois replaced "custody" and "visitation" with allocation of parental responsibilities in 2016, splitting the question into decision-making responsibilities and parenting time. A written parenting plan is required in every case, filed within 120 days of being served. Relocating with a child triggers a distance-based notice and approval process, 25 miles in the collar counties, 50 miles elsewhere in-state, or any out-of-state move, but only for parents with majority or equal parenting time.

This is an educational overview written for parents, not lawyers. It isn't legal advice. For anything beyond general understanding, talk to a licensed Illinois family law attorney or use Illinois Legal Aid Online.

What Illinois generally provides

The Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5, Part VI) governs the allocation of parental responsibilities, covering both decision-making authority and parenting time, decided based on the child's best interest. Every parent involved in such a case must file a proposed parenting plan, and Illinois requires this regardless of whether the parents agree on its terms.

Important terminology

  • Allocation of parental responsibilities: Illinois's term for what other states call custody, split into decision-making responsibilities and parenting time.
  • Decision-making responsibilities: authority over four statutory categories, education, health, religion, and extracurricular activities. Parents can share these jointly, or a court can allocate specific categories to different parents based on demonstrated competence and involvement.
  • Parenting time: the physical schedule, when the child is with each parent, decided as its own question separate from decision-making.
  • Parenting plan: the required written document covering both, with 14 statutory factors under § 602.10 that must be addressed.

How custody works in Illinois

Illinois splits decision-making into four specific categories: education, health, religion, and extracurricular activities. Courts can award these jointly, meaning both parents share authority over all four, or allocate specific categories to different parents based on each parent's demonstrated competence, willingness, and past involvement in that area of the child's life.

Parenting time (physical custody)

Parenting time is decided as a separate question from decision-making. A parent with less decision-making authority can still have substantial or even majority parenting time, the two aren't linked.

Required parenting plans

Illinois requires every parent involved in a case to file a proposed parenting plan within 120 days after being served with a petition for allocation of parental responsibilities, either jointly with the other parent or separately if they can't agree. The plan must address 14 statutory factors under § 602.10, and courts take the filed plans into consideration when deciding at trial or hearing. See what is a parenting plan for what a strong plan generally covers regardless of jurisdiction.

Parenting schedules

With decision-making and parenting time decided separately, Illinois families use the full range of common schedule patterns, 2-2-3, week on, week off, or a primary-residence model with scheduled parenting time, based on the child's age, school schedule, and the parents' circumstances. See how to choose a custody schedule for a general framework, and the custody schedule generator to build the actual calendar.

Moving with your child (relocation)

Illinois defines relocation by distance, and the threshold depends on where the child currently lives: more than 25 miles in Cook, DuPage, Kane, Lake, McHenry, or Will counties, more than 50 miles elsewhere in Illinois, or any move out of state. The relocating parent must give written notice at least 60 days before the move (or as soon as possible if that's impractical), including the move date, new address, and duration. If the other parent agrees and signs the notice, the move can proceed without a hearing; if they object, the court decides based on the child's best interest. This process applies only to a parent with majority or equal parenting time, a parent without that generally isn't restricted by it.

Common questions

How is child support calculated? Illinois uses the income shares model: combined parental net income is matched to a statutory schedule of basic obligations, then divided proportionally based on each parent's share of that income. If both parents have at least 146 overnights a year with the child, a shared-parenting formula multiplies the basic obligation by 1.5 before dividing it.

Can a parenting plan be changed later? Yes, generally on a showing of a substantial change in circumstances and that a modification serves the child's best interest.

What if my co-parent won't follow the parenting plan? You can file a petition to enforce the order with the court. Repeated violations can lead to makeup parenting time or, in serious cases, a modification of the allocation itself.

Practical considerations

Because Illinois requires a parenting plan from every parent regardless of agreement, it's worth starting on one early rather than waiting for a court date, especially given the 120-day filing deadline. Whatever the plan ends up specifying, the operational part that follows it, keeping both households aligned on the same parenting time calendar, logging change requests instead of relying on memory, and keeping a record if an enforcement issue arises, is a separate, ongoing piece worth planning for.

Official Illinois resources

FAQ

Questions, answered

This information is provided for educational purposes only and is not legal advice. Family law varies by individual circumstances and may change over time. Consult a qualified attorney or appropriate official resource for advice about your situation.