What Factors Do Illinois Courts Consider When Deciding Child Custody?
When parents can’t agree on how to share time or responsibilities for their children, an Illinois judge steps in to decide. The court applies a legal standard known as “the best interests of the child.”
To determine what happens based on this standard, judges follow a specific set of factors outlined in the Illinois Marriage and Dissolution of Marriage Act (IMDMA). When you understand what those factors are, you can focus your energy where it matters most—showing the court how your parenting supports your child’s well-being.
At Manassa Law, P.C., our knowledgeable family law attorneys help parents do exactly that. We translate your dedication and daily care into a compelling legal strategy. We know how Illinois law applies to your family’s case, so call us at (847) 221-5511 to get clear guidance on your rights and your next steps.
Key Takeaways for Child Custody in Illinois
- The court’s decision is based on specific legal factors. A judge uses a checklist from the Illinois Marriage and Dissolution of Marriage Act to determine the child’s best interests, which makes the process more predictable than it seems.
- Illinois law focuses on co-parenting, not winning. The state replaced terms like “custody” and “visitation” with “parental responsibilities” and “parenting time” to encourage cooperation between parents.
- Your willingness to cooperate with the other parent matters. A judge will heavily weigh your ability to foster a healthy relationship between your child and their other parent when making a final decision.
First, Understanding the Language: Illinois’ Shift in Custody Terms
You may wonder why lawyers and judges in Illinois no longer use the term “custody” in court. The state legislature made a significant change to the law, moving away from the “winner-takes-all” language that typically defined these disputes. The goal was to reduce conflict and encourage parents to see themselves as co-parents rather than adversaries. This meant introducing new, more collaborative terminology.
Here are the key terms you need to know:
- Custody: This broad term has been replaced by the Allocation of Parental Responsibilities. This concept is divided into two main parts: decision-making power and parenting time.
- Legal Custody: This is now referred to as Parental Decision-Making Power. This power covers four specific, significant areas of a child’s life: education, healthcare, religion, and extracurricular activities. A judge allocates these responsibilities to one parent or divides them between both parents.
- Visitation: The schedule outlining when a child is in each parent’s care is now called Parenting Time. This change reflects the idea that a parent is actively raising their child during their time together, not just visiting them.
The Guiding Principle: What Does the “Best Interests of the Child” Really Mean?
How, exactly, are you supposed to prove that your child’s “best interests” align with what you are asking the court to do? The good news is that this standard has a specific legal framework defined by the Illinois Marriage and Dissolution of Marriage Act (IMDMA).
The Core Factors: What Will an Illinois Judge Specifically Look At?
Illinois law, specifically Sections 602.5 and 602.7 of the IMDMA, provides a detailed list of what a court must consider when allocating parental responsibilities.
The Wishes of the Parents
The court will want to know what each parent is proposing. This is typically presented in a formal “Parenting Plan,” a document that outlines your requested schedule for parenting time and your preferred allocation of decision-making responsibilities. A well-thought-out, child-focused plan shows the court that you have seriously considered the practical realities of co-parenting.
The Needs of the Child
The court examines the child’s specific developmental, emotional, and educational needs. For instance, a child with a learning disability may need to be in a particular school district, a factor the court would weigh heavily. A child with anxiety may need a schedule that offers more consistency and fewer transitions.
The Child’s Adjustment
How is the child currently integrated into their home, school, and community? Courts generally avoid disrupting a stable and positive environment. If a child thrives in their school, has strong friendships, and involves themselves in local activities, a judge will hesitate to order a change that uproots them from that support system.
The Physical and Mental Health of Everyone Involved
The court will consider the physical and mental health of the child and both parents. This is not about penalizing a parent for having a medical condition or seeking therapy. In fact, responsibly managing one’s health is viewed as a strength. The court’s concern is whether a health issue negatively impacts a parent’s ability to provide a safe and stable environment for the child.
The Willingness of Each Parent to Foster a Relationship with the Other Parent
This is one of the most significant factors for many judges. They want to see that you are willing and able to encourage a healthy and loving relationship between your child and the other parent.
In practical terms, this means not speaking badly about the other parent in front of the child, encouraging phone calls and video chats, and being flexible with the parenting time schedule when reasonable. A parent who is seen as actively undermining the child’s relationship with the other parent is viewed unfavorably by the court.
Past Involvement in the Child’s Life
The court will look at the history of each parent’s caretaking functions. Who has historically been the primary caregiver? This involves looking at who handled the day-to-day tasks of parenting: taking the child to doctor’s appointments, attending parent-teacher conferences, helping with homework, preparing meals, and arranging childcare.
Any History of Domestic Violence or Abuse
Any allegation of domestic violence is taken with the utmost seriousness. Under the Illinois Domestic Violence Act, abuse includes physical harm, harassment, or intimidation directed at a family member. If the court finds that a parent has engaged in conduct that seriously endangered the child’s physical or emotional health, it imposes restrictions on their parenting time or decision-making authority.
The Distance Between Parents’ Homes
The court also considers practical matters. How far apart do the parents live? What are the transportation challenges? In the Chicago suburbs, where traffic and distance make travel difficult, the logistics of a parenting schedule are an important consideration. The court will look for a plan that is realistic and doesn’t place an undue burden on the child.
What Is the Role of the Child’s Own Preference?
One of the most common questions parents ask is, “Can my child decide who they want to live with?” The answer is nuanced.
A judge will consider the reasoned preference of the child, but the child’s wish is not the deciding factor. The weight that a judge gives to the child’s preference depends entirely on their age, maturity, and ability to express an independent opinion free from parental influence. A thoughtful opinion from a 16-year-old will carry significantly more weight than the preference of a 6-year-old.
Children are almost never asked to testify in an open courtroom. That environment is considered too traumatic. Instead, a judge might speak with the child privately in their chambers, a process known as an in camera interview. More commonly, a court-appointed professional, such as a Guardian ad Litem (GAL), will meet with the child and report their wishes and best interests to the court.
How Do Past Actions Influence the Court’s Decision?
Many parents heading into a family law case are worried that past personal mistakes will be used against them. Will an affair that ended the marriage, a past struggle with alcohol, or a poor financial decision cause you to lose your children? This fear is paralyzing, but Illinois law provides a clear standard on this issue.
The IMDMA explicitly states that a judge should not consider “conduct of a parent that does not affect that parent’s relationship to the child.” This is known as the “parental conduct” standard.
Consider these two scenarios:
- Conduct That May Not Affect the Child: A parent had an affair. While this behavior may have led to the divorce, if the parent kept the new relationship entirely separate from the children and it did not otherwise impact their parenting, a judge is unlikely to see it as relevant to their ability to be a good parent.
- Conduct That Directly Affects the Child: A parent engages in substance use during their scheduled parenting time, or introduces the child to a new partner with a history of violence. This conduct directly endangers the child’s physical and emotional safety and will be weighed very heavily by the court.
The key takeaway is that the court’s focus will always be on the effect of your behavior on the child.
How Can You Prepare for a Custody Determination?
While the court’s decision-making process is detailed, you take proactive steps to present your case in the best possible way. An experienced family law attorney helps organize this information, but you may start right now.
- Document Your Involvement: Keep a simple journal or calendar detailing your involvement in your child’s life. Note doctor’s appointments you attend, school events you volunteer for, and time you spend helping with homework.
- Draft a Proposed Parenting Plan: Show the court you have put serious thought into a realistic, detailed, and child-centered plan. This demonstrates your commitment and foresight.
- Focus on Communication: Always communicate with the other parent respectfully, especially in writing. Hostile emails and text messages are used as evidence to suggest you are unwilling to foster a co-parenting relationship.
- Maintain Stability: As much as you are able, keep your child’s routines consistent. Stability in school, friendships, and activities is a key factor for the court.
- Seek Legal Guidance: Presenting your strengths as a parent effectively requires legal skill. An attorney helps you gather the right evidence, prepare for court, and advocate for your role in your child’s life.
Frequently Asked Questions About Illinois Child Custody
Do Illinois courts favor mothers over fathers?
No. The law in Illinois is explicitly gender-neutral. Decisions must be based strictly on the best-interest factors, not on the gender of the parent. Both mothers and fathers have equal rights under the law.
Can I move out of state with my child?
Moving a child out of Illinois or a significant distance within the state is called “relocation.” To do so, you must have a written agreement from the other parent or a court order granting you permission. You cannot simply move. There is a specific legal process that must be followed, and the court will decide based on the same “best interests” standard.
What if the other parent isn’t following the parenting time schedule?
If the other parent is wrongfully withholding the child or not following the court-ordered schedule, your recourse is not to retaliate by withholding the child yourself. The proper step is to file a motion with the court to enforce the order. A judge orders compliance and may even sanction the non-compliant parent.
How does child support relate to parenting time?
Child support and parenting time are legally separate issues. You must pay court-ordered child support even if you are being denied parenting time, and the other parent does not have the legal right to deny you parenting time because you are late on a support payment. However, the amount of overnight parenting time each parent has is a factor used in the formula to calculate the final child support amount.
What is the role of a Guardian ad Litem (GAL) in an Illinois custody case?
A Guardian ad Litem (GAL) acts as the eyes and ears of the court. The judge appoints a GAL, who is a lawyer, to represent the child’s best interests independently. The GAL investigates the family situation, interviews the parents, the child (if appropriate), teachers, and therapists, and then submits a report to the court. The report includes their recommendation for the allocation of parental responsibilities and parenting time.
The judge considers the GAL’s report when making a final determination.
Securing Your Child’s Future and Your Parental Rights
The court’s primary goal in any case involving children is to create a stable, predictable, and nurturing future for them. Your goal is to demonstrate how you are central to that future.
You do not have to face this uncertainty alone. At Manassa Law, P.C., our practice focuses on family law. We help you understand how Illinois law applies to your family’s unique circumstances and advocate for a resolution that protects your relationship with your children for years to come.
Call us today at (847) 221-5511 to discuss your next steps.
- What Factors Do Illinois Courts Consider When Deciding Child Custody? - October 23, 2025
- What Does Supervised Visitation Mean in Illinois? A Guide to Your Parenting Time - October 16, 2025
- What Do Common Parenting Time Arrangements Look Like in Illinois? - October 9, 2025