Mom and Dad walk through the park, holding their young son by the arms as they lead him along.

What Do Common Parenting Time Arrangements Look Like in Illinois?

A parenting time arrangement is a schedule that outlines when your child will be in the care of each parent. Common arrangements in Illinois range from equal 50/50 schedules to plans where one parent has the child more during the school week and the other has weekends. A well-thought-out parenting plan reduces conflict and provides clarity for everyone involved.

Illinois law has shifted away from contentious terms like “custody” and “visitation.” The modern approach uses “allocation of parental responsibilities,” which is divided into two parts: parenting time (the schedule) and significant decision-making power (choices about health, education, etc.). This change encourages focusing on the child’s needs rather than a “winner-takes-all” outcome.

If you have questions about what a parenting time arrangement could look like for your family, call our office at (847) 221-5511. We will help you understand your options.

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Key Takeaways for Illinois Parenting Time Arrangements

  1. The law uses “parental responsibilities,” not “custody.” This modern terminology separates parenting time (the schedule) from significant decision-making, which promotes cooperative co-parenting instead of a legal battle.
  2. The “best interests of the child” is the only legal standard. If you and the other parent disagree on a schedule, a judge’s decision will be based entirely on a set of factors designed to protect your child’s well-being.
  3. A strong parenting plan includes more than a weekly schedule. To prevent future arguments, a comprehensive plan must also detail rules for holidays, vacations, transportation, and communication.

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The Shift in Language: Why Illinois Moved From “Custody” to “Parental Responsibilities”

The old terms for child-related legal matters, like “custody,” “visitation,” and “alimony,” created a sense of conflict. These words implied that one parent would win and the other would lose, which is not a healthy foundation for co-parenting. When parents think in terms of winning custody, it turns the focus away from the children’s well-being and toward a legal battle. 

Father Holding Child's Hand

Illinois law recognized this problem and updated its language to be more collaborative. Here’s what the current terms mean:

  • Parental Responsibilities: This is the modern, overarching term that replaces “custody.” It is divided into two distinct categories:
  • Parenting Time: This is the new term for what was once called “visitation” or “physical custody.” It simply refers to the schedule of when the children are physically with each parent. 
  • Significant Decision-Making Power: This replaces “legal custody.” It specifies which parent has the authority to make important decisions about the child’s life in four key areas: education, health, religion, and extracurricular activities. This power may be shared by both parents or allocated to one.
  • Spousal Maintenance: This is the current legal term in Illinois for “alimony” or “spousal support.” It refers to financial support paid to a lower-earning spouse. While we will focus on the child-related terms here, it is an important part of the overall legal landscape.

By using these new terms, the law encourages parents to see themselves as a team working together for their children, even after a separation.

What Are the Most Common Parenting Time Schedules in Illinois?

There is no one-size-fits-all schedule. The right plan depends on your family’s unique circumstances, including parents’ work schedules, the child’s age, and the distance between parents’ homes. 

Equal (50/50) Parenting Time Schedules

These schedules are increasingly common, as they allow the child to spend equal time with both parents.

  • Alternating Weeks (7/7 Schedule): The child spends one full week with Parent A, then one full week with Parent B. This schedule is typically better for older children and parents who live relatively close to one another, as it reduces the number of transitions.
  • 2-2-5-5 Schedule: Parent A has the child for two days (e.g., Monday-Tuesday), Parent B has them for the next two days (Wednesday-Thursday), and then they alternate weekends (Friday-Sunday). This provides consistency during the week and long weekends for both parents and is suitable for younger children who may have difficulty going a full week without seeing a parent.
  • 2-2-3 Schedule: Parent A has two days, Parent B has two days, and then Parent A has the three-day weekend. The schedule flips the following week. This schedule allows for frequent contact but involves more transitions, which may be difficult for some children.

Unequal (Majority-Minority) Parenting Time Schedules

These are used when a 50/50 split isn’t practical.

  • Alternating Weekends Schedule (e.g., 80/20 or 70/30): One parent has the child during the week (the “primary” residential parent for school purposes), and the other parent has the child on alternating weekends. This arrangement frequently includes one mid-week dinner or overnight. It is a good fit for situations where parents live farther apart, one parent has a demanding work schedule, or it aligns with the child’s established school routine.
  • 4-3 Schedule: One parent has the child for four nights, and the other has them for three nights each week. For example, Parent A has Sunday-Wednesday, and Parent B has Thursday-Saturday. This provides a consistent schedule where the child knows exactly which days they are with each parent. It gives one parent slightly more time but keeps contact frequent.

Long-Distance Parenting Plans

When parents live in different cities or states, the schedule usually gives the school year to one parent. The other parent receives the majority of parenting time during school breaks, such as the entire summer, winter break, and spring break. These plans must include details about travel costs and virtual communication (FaceTime, Zoom) to maintain a strong parent-child bond.

How Does an Illinois Court Decide on a Parenting Time Schedule?

If you and the other parent cannot agree on a schedule, a judge must make the decision. A judge in Illinois does not just pick a schedule from a list. Their decision is guided by a single legal standard: the “best interests of the child.” 

To determine this, the law requires them to consider a specific set of factors outlined in the Illinois Marriage and Dissolution of Marriage Act (IMDMA). Key considerations include:

  • The wishes of the child, taking into account the child’s maturity and ability to express a reasoned preference.
  • The child’s adjustment to their home, school, and community.
  • The mental and physical health of all individuals involved.
  • The ability of the parents to cooperate and facilitate a relationship between the child and the other parent.
  • Each parent’s past participation in caretaking and decision-making for the child.
  • The distance between the parents’ residences and the practicality of the proposed schedule.
  • Any history of domestic violence or abuse, as the court’s primary concern is the child’s safety.
  • The needs of the child.

Beyond the Weekly Schedule: What Else Goes into a Comprehensive Parenting Plan?

A family law attorney is instrumental in ensuring all necessary components are included. Your plan should address these areas:

  • Holiday & Vacation Schedules: This should detail how major holidays like Thanksgiving and Christmas will be divided (e.g., alternating years, or splitting the day itself), as well as school breaks. It should also specify how much notice a parent needs to give for taking the child on vacation.
  • Transportation: The plan must clarify who is responsible for picking up and dropping off the child at exchanges and where these exchanges will happen (e.g., at a parent’s home, school, or a neutral location).
  • Right of First Refusal: This common provision means that if a parent needs a babysitter for a certain period (e.g., more than four hours), they must offer that time to the other parent first before contacting someone else.
  • Communication: It is wise to set rules for how parents will communicate about the child (e.g., via a co-parenting app or email) and how the child communicates with the parent they are not currently with.
  • Relocation: The plan should reference Illinois law regarding relocation. If a parent with the majority of parenting time wants to move more than a certain distance, they must either get the other parent’s written permission or a court order.

What If Our Schedule Needs to Change in the Future?

Life is not static. A schedule that works for a toddler will not work for a teenager. Job changes or moves also require adjustments. A parenting time schedule may be changed, or “modified,” in Illinois. The simplest way is for both parents to agree to the change in writing and have it entered as a court order.

If one parent does not agree, the parent seeking the change must file a motion with the court. To get a court to change an existing order, you generally must prove that there has been a “substantial change in circumstances” since the original order was entered. 

This term means that the change must be significant and affect the child’s well-being. Examples might include a parent’s relocation, a major change in a parent’s work schedule, or a change in the child’s needs as they grow older. The court will then analyze the requested change using the same “best interests of the child” factors mentioned earlier.

Frequently Asked Questions About Parenting Time in Illinois

Is there a “standard” parenting time schedule in Illinois?

No. While the schedules listed above are common, Illinois law does not prefer one schedule over another. Every plan is tailored to the family’s specific situation, with the child’s best interest as the only standard.

Do I have to let my child see the other parent if they are not paying child support?

Yes. Parenting time and child support are separate legal issues in Illinois. You cannot withhold parenting time because the other parent is behind on support payments. Likewise, a parent cannot stop paying support because they are not getting to see their child.

At what age can a child decide which parent they want to live with in Illinois?

A child in Illinois does not have the unilateral power to decide. A judge will listen to a mature child’s wishes, but the child’s preference is just one of many factors the court must consider. The older and more mature the child, the more weight their opinion will carry, but the final decision always rests with the judge based on the child’s best interests.

What is a Guardian ad Litem (GAL)?

In some contested cases, a judge may appoint a Guardian ad Litem. This is an attorney who represents the child’s best interests. The GAL will interview the parents, the child, and others (like teachers or therapists) and then make a recommendation to the court about parenting time and decision-making.

Can my ex-spouse’s new partner be around my child?

Generally, yes. Unless you prove to the court that the new partner poses a physical, mental, or emotional danger to your child, a judge is unlikely to restrict them from being present during the other parent’s parenting time.

A Clear Plan Is the Foundation for Your Family’s Future

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The confusion over schedules and legal terms does not have to add to your stress. Creating a clear, comprehensive parenting plan provides the predictability and stability your children need.

You do not have to figure this out alone. Our firm handles family law matters with a focus on finding practical solutions that work for you and your children. We will explain your options and help you build a plan that protects your parental rights and serves your child’s best interests.

To discuss your situation and learn how we will help, call Manassa Law, P.C. today at (847) 221-5511.

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Larry Manassa
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