Illinois Child Custody Laws in 2026

 Posted on May 07, 2026 in Child Custody

When parents split up in Illinois, figuring out who the children will live with and who will make decisions for them is often the hardest part of the whole process. According to the U.S. Census Bureau, about one in four children under age 21 in the United States live with one parent while the other parent lives elsewhere.

Illinois courts handle thousands of these situations every year, and the law gives judges a specific set of rules to follow when deciding how parenting will work going forward. The rules governing those decisions are detailed and have changed a great deal over the past decade. If you are filing for divorce and have children, a Rolling Meadows, IL child custody attorney can walk you through what to expect and help you protect your relationship with your child.

What Does Illinois Law Mean by "Parental Responsibilities" and "Parenting Time"?

Illinois no longer uses the word "custody." The Illinois Marriage and Dissolution of Marriage Act was updated in 2016 to replace that term with two separate ideas: parental responsibilities and parenting time.

Parenting time is the schedule that sets out when each parent spends time with the child. Significant decision-making responsibilities cover major choices about the child's life, including education, health care, religion, and activities. Courts handle these two things separately. That means one parent could have more parenting time while both share decision-making equally, or any other mix the court finds best suited to the children.

Most of the time, parents reach their own agreement. Judges prefer this and will often send parents to mediation when they hit a wall. A judge steps in and decides only when parents truly cannot agree, or when there are concerns about abuse or a parent's fitness.

What Factors Illinois Courts Must Weigh When Deciding Parenting Time

Under 750 ILCS 5/602.7 of the Illinois Marriage and Dissolution of Marriage Act, courts must base parenting time on what is in the best interests of the child. The judge has to look at every factor that matters, including:

• The wishes of both parents
• The wishes of the child, based on how old and mature the child is
• How much time each parent spent caring for the child in the two years before the case, or since birth, if the child is under two
• Any past agreements between the parents about caregiving
• The child's ties to parents, siblings, and others who matter in the child's life
• How well the child has adjusted to home, school, and the larger community
• The physical and mental health of everyone involved
• The child's needs
• The distance between the parents' homes, travel costs, each parent's schedule, and their ability to cooperate on logistics
• Whether either parent has a history of violence or threats against the child or others in the home
• Whether either parent is a convicted sex offender or lives with one
• Each parent's willingness to put the child's needs first
• Each parent's willingness to support a good relationship between the child and the other parent
• The terms of any military family-care plan if a parent is being deployed
• Any other factor the court finds relevant

Courts cannot consider conduct by a parent that has no effect on their relationship with the child.

How Illinois Judges Decide Parenting Time When Parents Cannot Agree

Illinois judges pay close attention to which parent has been doing the day-to-day work of raising the child. A parent who has been at school pickups, doctor visits, and bedtime routines tends to carry more weight in these cases. Being present and involved in the small, daily things matters to a judge, even when both parents work full-time.

How each parent talks about the other also comes up. A parent who puts down the other parent in front of the child, or tries to block the other parent's time, can hurt their own case. Illinois courts treat parental alienation seriously. Showing that you actively support your child's bond with the other parent is one of the strongest things you can do.

If there is a history of domestic violence in the home, that weighs heavily on a case’s outcome. A past record of abuse does not always mean a parent loses all parenting time, but the court will look hard at what keeps the child safe.

Common Questions About Illinois Child Custody in 2026

Can a child choose which parent to live with?

Courts may take a child's preference into account, but it is not the deciding factor. The judge weighs the child's age and maturity level alongside everything else. Older teenagers tend to have more influence on the outcome than younger children.

Can a parenting plan be changed after the divorce?

A parenting plan can be changed if circumstances have changed and the change is needed to serve the child's best interests. Under 750 ILCS 5/610.5, the court will look at whether a change serves the child's best interests. Common reasons include a parent moving, a big change in work schedules, or safety concerns about the child.

Does it matter if one parent earns more money?

Income matters for child support calculations, but it does not decide parenting time or decision-making rights. A pay gap between parents is not a reason to limit how much time a parent spends with their child.

Schedule a Free Consultation with a Rolling Meadows, IL Child Custody Lawyer

If you have questions about parenting time or decision-making rights in 2026, the sooner you get legal guidance, the better your position will be. The Law Offices of Donald J. Cosley personally handles every aspect of his cases from start to finish. When you call, you speak directly with Don, your legal representative, not a paralegal or a staff member who has to pass your question along. You get real answers from the person who will actually be in court for you. Contact an Arlington Heights, IL family law attorney today for a free consultation, or call 847-253-3100.