What factors do Illinois courts consider for custody?

Illinois courts consider 17 factors under 750 ILCS 5/602.7, including: each parent's wishes, the child's wishes, the child's adjustment to home/school/community, mental and physical health of all parties, any history of violence or abuse, each parent's willingness to facilitate a relationship with the other parent, and practical considerations like distance between homes and work schedules.

Does 50/50 custody affect child support in Illinois?

Yes. When each parent has the child at least 146 overnights per year (40%), Illinois uses a different 'shared parenting' child support formula. This generally results in lower support obligations than the standard calculation, though the higher-earning parent typically still pays some support.

What's the best 50/50 custody schedule?

The best schedule depends on your family. Popular options include: week-on/week-off (fewer transitions, better for older kids), 2-2-3 rotation (more frequent contact, good for younger children), and 5-2-2-5 (consistent weekday routine). The key is minimizing disruption while maximizing quality time with both parents.

50/50 Custody in Illinois

Equal parenting time is possible. Learn what Illinois courts look for and how to build a compelling case for shared custody.

Reality Check: Illinois doesn't presume 50/50 custody, but equal parenting time is increasingly common when both parents are fit and committed. The key is demonstrating that equal time serves your child's best interests.

Is 50/50 Custody Possible in Illinois?

Yes, 50/50 custody (called "equal parenting time" in Illinois) is absolutely achievable—but it's not automatic. Illinois uses a best interests of the child standard, meaning courts evaluate each family's unique circumstances rather than applying a one-size-fits-all formula.

Under 750 ILCS 5/602.7, courts must consider 17 factors when allocating parenting time. Understanding these factors—and how to present your case around them—is crucial to achieving equal custody.

The Shift Toward Equal Parenting

While Illinois doesn't have a 50/50 presumption, courts increasingly recognize the value of children having substantial time with both parents. Judges today are more receptive to equal parenting arrangements than in previous decades, particularly when:

Both parents are actively involved in the child's life
Parents live in reasonable proximity
Parents can communicate effectively about child-related matters
The child's schedule (school, activities) can accommodate transitions

The 17 Best Interest Factors

Illinois courts must consider all 17 factors listed in 750 ILCS 5/602.7. Here are the most important for 50/50 custody cases:

1. Each Parent's Wishes If both parents want 50/50, courts generally try to honor that agreement.

2. Child's Wishes For mature children, their preference carries weight (no magic age).

3. Child's Adjustment How well the child is adjusted to home, school, and community.

4. Mental & Physical Health Health of parents and children (not used to discriminate).

5. Prior Involvement Who has historically been involved in caregiving, education, etc.

6. Willingness to Facilitate Each parent's willingness to encourage relationship with the other parent.

7. History of Violence/Abuse Any domestic violence or abuse is heavily weighted.

8. Military Deployment Special considerations for military parents.

Critical Factor: Courts pay close attention to which parent is more likely to foster a positive relationship with the other parent. Badmouthing your ex or attempting to alienate the child almost always backfires.

Popular 50/50 Custody Schedules

There's no single "best" schedule—it depends on your children's ages, your work schedules, and proximity. Here are the most common arrangements:

Week On / Week Off (7-7)

How it works: Child spends one full week with each parent, alternating every Sunday.

Best for: Older children (8+) who can handle longer separations. Parents with demanding work schedules who need predictability.

Pros: Fewer transitions, easier logistics, clear routine.

Cons: Longer time away from each parent can be hard for younger children.

2-2-3 Rotation

How it works: Parent A has Mon-Tue, Parent B has Wed-Thu, weekends alternate (Fri-Sun).

Best for: Young children (under 6) who need frequent contact with both parents.

Pros: Child never goes more than 2-3 days without seeing each parent.

Cons: More transitions, more complex logistics.

5-2-2-5 Schedule

How it works: Parent A has Mon-Fri (week 1), Parent B has Sat-Wed, then switch.

Best for: Parents who want weekday consistency (same parent handles school routine).

Pros: Predictable school-week routine, balanced weekends.

Cons: 5 days without one parent can be challenging.

3-4-4-3 Rotation

How it works: 3 days with Parent A, 4 with Parent B, 4 with Parent A, 3 with Parent B.

Best for: Families wanting balance between transition frequency and longer stretches.

Pros: Good compromise between 2-2-3 and week-on/week-off.

Cons: Schedule can be confusing to track.

Does 50/50 Custody Affect Child Support?

Yes, significantly. Illinois uses a different formula when each parent has the child at least 146 overnights per year (40%):

Shared Parenting Formula: Instead of the standard percentage, courts use a formula that accounts for both parents' incomes and the time split.
Reduced Obligation: The higher-earning parent typically still pays support, but less than under standard guidelines.
Not Zero: 50/50 time does NOT mean zero child support. Income disparity still results in an equalization payment.

Important: Courts are suspicious when a parent suddenly seeks 50/50 custody right before child support calculations. Your motivation matters—fight for equal time because you want to be an equal parent, not to reduce support.

Frequently Asked Questions

No. Illinois does not have a presumption of 50/50 custody. Courts determine parenting time based on the child's best interests, considering 17 statutory factors. While equal parenting time is increasingly common, each case is decided individually.

Illinois courts consider 17 factors under 750 ILCS 5/602.7, including: each parent's wishes, the child's wishes, adjustment to home/school/community, mental and physical health, any history of violence, willingness to facilitate relationship with the other parent, and practical factors like distance between homes.

Yes. With 146+ overnights each (40%), Illinois uses a shared parenting formula. This typically results in lower support than standard guidelines, though the higher earner usually still pays something to equalize resources in both homes.

It depends on your family. Week-on/week-off works well for older kids and busy parents. 2-2-3 rotation is better for younger children who need frequent contact with both parents. The key is finding what minimizes disruption while maximizing quality time.

Yes, but it's harder. You'll need to demonstrate to the court that equal parenting time is in the child's best interests. Document your involvement, maintain a positive relationship with your child, and show you can co-parent effectively even with a difficult ex.

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This article is for informational purposes only and does not constitute legal advice. No attorney-client relationship is created by reading this content.