Joint vs. Sole Custody in Illinois: Is There a Presumption of Equal Time?
On joint vs. sole decision-making, Illinois has no presumption of equal time. It allocates decision-making and parenting time on the child’s best interests, presumes both parents fit and restricts parenting time only on a finding of serious endangerment.
Does Illinois presume joint custody or equal time?
No. Illinois replaced custody with the allocation of parental responsibilities, meaning decision-making and parenting time. The court allocates parenting time according to the child’s best interests, and it is presumed both parents are fit, so the court may not place restrictions on parenting time unless it finds by a preponderance of the evidence that a parent’s exercise of parenting time would seriously endanger the child’s physical, mental, moral or emotional health (750 ILCS 5/602.7(a)-(b)).
What are the best-interest factors in Illinois?
The court considers all relevant factors, including without limitation 17 listed ones: the wishes of each parent seeking parenting time; the wishes of the child, given the child’s maturity; the time each parent spent performing caretaking functions in the 24 months before the petition (or since birth for a child under 2); any prior agreement or course of conduct; the child’s interaction with parents, siblings and others; the child’s adjustment to home, school and community; the health of all involved; the child’s needs; the distance between the homes and the cost and difficulty of transport; whether a restriction is appropriate; each parent’s willingness to put the child’s needs first and to facilitate the child’s relationship with the other parent; and the occurrence of abuse against the child or another member of the household (602.7(b)).
Is conduct that does not affect the child counted in Illinois?
No. In allocating parenting time the court shall not consider conduct of a parent that does not affect that parent’s relationship to the child (602.7(c)).
What about decision-making in Illinois?
Decision-making responsibilities for education, health, religion and extracurricular activities are allocated separately under section 602.5 on the child’s best interests, and the law does not require that both parents be given decision-making power. Section 602.5 is the one to read for joint versus sole decision-making; we did not reproduce its full text here.
Can parents agree on a plan in Illinois?
Yes. Unless the parents present a mutually agreed written parenting plan that the court approves, the court allocates parenting time (602.7(b)). Fit parents can agree to almost any schedule that is in the child’s best interests.
Do both parents have to be given decision-making in Illinois?
No. The allocation of significant decision-making responsibilities is decided separately on the child’s best interests, and the court may allocate them to one parent or both; parenting time is a separate allocation.
Can the court consider a child’s wishes in Illinois?
Yes. The wishes of the child, taking into account the child’s maturity and ability to express reasoned and independent preferences as to parenting time, are one of the factors (602.7(b)(2)), and the child’s independent preferences as to relocation are a factor in a move (609.2(g)).
How does parenting time connect to support in Illinois?
The label does not set the amount; the overnights do. Count your schedule with the Illinois parenting time calculator and run the Illinois child support calculator.
Can the schedule be changed later in Illinois?
A parent’s relocation constitutes a substantial change in circumstances, and the court modifies the parenting plan in accordance with the child’s best interests (750 ILCS 5/609.2(a), (g)). See moving away with a child in Illinois.
Frequently asked questions
Does Illinois use the word custody?
No. It allocates parental responsibilities: decision-making and parenting time.
How many best-interest factors does Illinois use for parenting time?
Seventeen listed factors, which the court shall consider with any other relevant factor.
Can an Illinois court restrict parenting time?
Only if it finds by a preponderance of the evidence that the parent’s parenting time would seriously endanger the child.
Does caretaking history matter in Illinois?
Yes. The time each parent spent performing caretaking functions in the 24 months before the petition is a factor.
Can Illinois parents agree on their own parenting plan?
Yes, and the court approves a mutually agreed written plan if it is in the child’s best interests.
Official sources
- 750 ILCS 5/602.7: allocation of parenting time
- 750 ILCS 5/505: child support
- Illinois SB 3524 (Public Act 104-733): child support changes
- 750 ILCS 5/609.2: parent’s relocation
- Illinois Department of Healthcare and Family Services: income shares
A local family law attorney can review your situation — many offer a free consultation.
This is general information, not legal advice. It is based on the cited Illinois statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed Illinois attorney.