Illinois Child Custody Laws: Complete Guide 2025

Imagine this: A Cook County judge is about to decide where a 7-year-old boy will live most of the time. His parents, recently divorced, each present compelling arguments. The mother worries about the father's erratic work schedule and past DUI; the father fears the mother's new partner is alienating their son. In this tense moment, Illinois child custody laws guide every decision the judge makes. Illinois doesn't even use the word "custody" anymore – since 2016, it's all about the allocation of parental responsibilities and parenting time. If you're an Illinois parent going through a separation or divorce, or facing a dispute over your child's upbringing, this comprehensive guide will walk you through exactly how Illinois handles these cases in 2025. You'll learn what "custody" means under Illinois law, how courts decide what's in your child's best interests, and what steps to take for modifications, relocations, and more. Let's dive in.

This guide is written by an attorney with over 15 years of experience in Illinois family courts. We'll break down complex laws like the Illinois Marriage and Dissolution of Marriage Act (IMDMA) into plain English. From the new terminology ("parental responsibilities" instead of custody) to the 13 best interest factors (750 ILCS 5/602.7), you'll get an authoritative yet accessible explanation of Illinois child custody laws. By the end, you'll know how to protect your parental rights and navigate everything from parenting plans to court hearings with confidence.

Understanding Illinois Parental Responsibility Allocation

Illinois no longer uses the old terms "legal custody" and "physical custody" in court orders. Instead, the law talks about allocation of parental responsibilities (decision-making power) and parenting time (the schedule of when the child is with each parent). This shift happened in 2016 to encourage cooperation and clarity. But for simplicity, many people still refer to "joint custody" or "sole custody" as shorthand. Let's clarify these concepts in Illinois:

• Significant decision-making (formerly legal custody): This refers to who has the authority to make major decisions for the child in key areas: education, health care, religion, and extracurricular activities. Parents can share this responsibility (similar to "joint legal custody"), or one parent can have sole decision-making in one or more areas. For example, an order might say parents share all decisions jointly, but the father has final say on educational decisions if there's a deadlock. Illinois law (750 ILCS 5/602.5) requires courts to allocate these responsibilities based on the child's best interests.
• Parenting time (formerly physical custody/visitation): Parenting time is the schedule of when the child is with each parent. In Illinois, one parent is often designated as the "residential parent" for purposes like school enrollment, but both parents typically get significant time with the child. A common arrangement might be one parent having the child during the week and the other on weekends, or a true 50/50 schedule. The term "visitation" is no longer used for parents – instead, each parent exercises parenting time. (Note: Non-parents, like grandparents, can be granted "visitation" in limited cases.)
• Joint vs. sole allocation: Illinois courts can allocate decision-making jointly to both parents or solely to one parent. Joint decision-making means both parents must cooperate on big decisions (like what school the child attends or what doctor they see). Sole decision-making means one parent has the authority to decide without the other's agreement in those areas. However, even if one parent has sole decision-making, the other parent almost always still gets regular parenting time rights. It's rare for a parent to have neither decision-making authority nor parenting time, except in extreme circumstances (such as proven abuse or serious endangerment).

How does Illinois compare to other states? Many states still use terms like "custody" and "visitation." Illinois updated its laws to focus on specific responsibilities, aiming to reduce conflict by avoiding labels like "custodial" or "non-custodial" parent. In practical terms, however, Illinois parents still talk about "joint custody vs sole custody" to mean shared responsibilities versus one parent calling the shots. The key difference is that Illinois forces a more detailed breakdown: parenting plans must spell out exactly who does what.

For example, under Illinois law a couple might have an agreement for joint decision-making on most issues but designate one parent to have final say on medical matters after consulting the other. Or parents might split responsibilities – perhaps the mother decides education and health matters, while the father handles religion and extracurriculars. Meanwhile, parenting time could be 50/50 or another split regardless of how decisions are allocated. This flexibility lets Illinois courts create a tailored plan for each family, rather than a one-size-fits-all label.

Illinois statute 750 ILCS 5/602.1 (revised in 2016) essentially did away with the term "custody" – but you'll still hear terms like "primary custodial parent." In practice, that usually refers to the parent with a majority of parenting time or the one with whom the child resides more than 50% of the time. Illinois courts may designate one parent's home as the child's primary residence for mailing address and school district purposes, especially if parenting time is not exactly equal.

To summarize this section: Illinois parental responsibility allocation is about two things – decision making and time. You can have joint or sole decision-making, and parenting time can be split in many ways. A well-crafted parenting plan (more on those later) will detail all of this. Understanding these terms will help you communicate effectively during your case and avoid confusion. Instead of saying "I want full custody," in Illinois you might say "I want sole decision-making and the majority of parenting time," for example. Now, let's look at how courts decide what arrangement to order – it all comes down to the best interests of the child.

The 13 Best Interests Factors: What Illinois Courts Actually Consider

Illinois courts decide allocation of parental responsibilities and parenting time based on the "best interests of the child." This is spelled out in 750 ILCS 5/602.7. That section lists numerous factors (we often refer to the "13 factors") that judges must consider when determining what arrangement will best serve the child. It's crucial to understand these factors because they are the lens through which the judge (or any evaluator) will view your case.

Below, we break down each of the main best interest factors in Illinois. For each, we'll give the exact statutory language, explain it in plain English, offer a real-world example of how it might play out, and note common mistakes parents make regarding that factor. These factors apply to decisions about both parenting time and decision-making responsibility.

1. The wishes of each parent

Statutory language: "the wishes of each parent seeking parenting time." (750 ILCS 5/602.7(b)(1))

What it means: The court will consider what each parent is asking for. Does Mom want sole decision-making and a 60/40 parenting time split? Does Dad want 50/50 parenting time schedule and joint decisions? The judge takes into account each parent's proposed plan or preferences. However, a parent's wishes are just one factor and do not determine the outcome by themselves. The court won't automatically go with what either parent wants; it's weighed against the child's needs and other factors.

Example: In one case, the mother wanted the child to primarily live with her and attend school in her district, while the father wanted equal time and for the child to stay in his school district. The judge noted both parents' wishes but ultimately decided the child would benefit more from stability in the mother's town (closer to extended family). The father's desire for 50/50 was considered but not granted due to other factors like schooling consistency.

Common mistakes: A big mistake is assuming "I told the judge what I want, so I'll get it." Parents sometimes focus only on their own wishes and not on articulating why their plan benefits the child. Another mistake is being overly ambitious or inflexible in demands – for example, insisting on sole custody (sole decision-making and nearly 100% time) without a strong reason. It can make you seem uncooperative. Instead, be prepared to show how what you want aligns with your child's best interests, not just your own desires.

2. The wishes of the child

Statutory language: "the wishes of the child, taking into account the child's maturity and ability to express reasoned and independent preferences." (750 ILCS 5/602.7(b)(2))

What it means: If the child is old enough and mature enough, the court will consider their preferences. Illinois does not have a fixed age where a child can choose which parent to live with. Even a teenager's wishes are not decisive, but they carry more weight as the child gets older. The judge might hear the child's preference through an interview (in chambers, privately) or through a guardian ad litem (GAL) or child representative. A very young child's wishes typically aren't considered because they can't form a mature opinion.

Example: A 14-year-old tells the GAL she wants to live primarily with her dad because her school and friends are in his town, and she has a strained relationship with her mom's new spouse. The court will seriously consider this, given her age. They might still order substantial time with Mom, but the teen's preference could tip the scales toward Dad having the majority of time. In contrast, if a 7-year-old says he wants to live with one parent because "they let me eat pizza for breakfast," a judge will give that little to no weight due to the child's young age and reasoning.

Common mistakes: Pressuring the child to choose sides is a major mistake and can backfire horribly. Not only can judges usually tell if a child has been coached, but one of the other factors (we'll discuss willingness to facilitate a relationship) will bite you if you try to manipulate the child's preference. Another mistake is assuming your child can just tell the judge they want to be with you and that's the end of it. Illinois courts are cautious about putting kids on the spot. Never put your child in the middle by asking them to declare a favorite parent – it can harm your case and, more importantly, your child emotionally.

3. The child's interactions and relationships

Statutory language: "the interaction and interrelationship of the child with his or her parents and siblings and with any other person who may significantly affect the child's best interests." (750 ILCS 5/602.7(b)(5))

What it means: The court looks at the child's relationships with both parents, siblings, step-siblings, and even others living in the household (like a step-parent or a grandparent). If the child has a very strong bond with a sibling, for example, a plan that keeps siblings together will be favored. Or if one parent has a new partner who the child does not get along with, that could factor in. Essentially, the judge examines each household's support system and how the child interacts in each environment.

Example: Suppose the child has three half-siblings at Mom's house and no other kids at Dad's house. If those sibling bonds are strong, a judge might lean toward giving Mom more parenting time to keep the child with their brothers and sisters for stability. Or if the child has been cared for extensively by a grandparent or another adult in one home, the quality of that relationship will be considered. In one Illinois case, a child was very close to his maternal grandmother who lived with Mom; the court noted that the grandmother provided excellent care when Mom worked, which favored the child spending more time in that household during the week.

Common mistakes: One mistake is bad-mouthing or trying to cut off a child's bond with siblings or extended family on the other side. For instance, blocking contact with the child's cousins or beloved aunt/uncle on the other parent's side can reflect poorly on you. Another mistake is not recognizing the importance of these relationships. If you propose a custody arrangement that would severely limit a child's time with a sibling they grew up with (perhaps from a prior relationship of one parent), you need a very good reason. Courts value continuity in a child's relationships.

4. The child's adjustment to home, school, and community

Statutory language: "the child's adjustment to his or her home, school, and community." (750 ILCS 5/602.7(b)(6))

What it means: Stability is key. Courts examine how well the child is doing in their current living situation, school, and neighborhood. If one parent is planning a move, or if the divorce/separation will cause the child to change schools or neighborhoods, the court weighs the impact. Judges generally prefer not to disrupt a well-adjusted child's routine without a good reason. This factor often comes up if one parent wants to relocate or if parents live in different school districts.

Example: Consider a 9-year-old who has lived in Naperville her whole life, attends a local elementary school, has many friends there, and is active in a community soccer league. If the father wants to move her an hour away to his new home, the court will consider how that relocation might affect her adjustment. If she's thriving where she is, a judge may decide it's in her best interest to minimize changes – perhaps meaning she stays primarily with the mother in Naperville during the school year. On the other hand, if the current situation is not stable (for example, frequent school changes or behavioral issues due to instability), the court might be more open to a new arrangement.

Common mistakes: Overlooking how change affects children. Parents sometimes focus on their own needs (new job, new partner, cheaper apartment) without addressing how a move or major change impacts the child's world. If you are proposing a change – like switching schools or homes – be prepared to show how you will ease the transition and why it won't harm the child. Another mistake: fighting to keep the child in "my hometown" just out of pride, even if the other parent can provide a more stable environment elsewhere. Always tie your argument to the child's well-being, such as continuity in education or community ties.

5. The mental and physical health of all individuals involved

Statutory language: "the mental and physical health of all individuals involved." (750 ILCS 5/602.7(b)(7))

What it means: The court considers if anyone – the child, either parent, or other household members – has health issues (mental or physical) that affect the child's best interests. This doesn't mean a parent with a treatable condition will lose custody; rather, the judge wants to ensure the child's needs can be met. For instance, if a parent has a serious mental illness that is untreated, or a physical disability that limits their ability to care for a young child, that could influence the custody arrangement. The key is whether any health issue impacts parenting ability or the child's well-being.

Example: Suppose a father struggles with severe depression and, during particularly bad episodes, he cannot get out of bed or care for the child properly. If evidence shows this pattern, a court might limit his parenting time or require supervision until he demonstrates improvement (for example, through therapy and medication compliance). Alternatively, consider a child with special needs (say, autism) – the court will examine which parent is better equipped to handle the child's therapy schedule and care needs. If the mother has been the one attending all therapy sessions and managing the child's routine, she might be given more parenting time to maintain consistency for the child.

Common mistakes: The biggest mistake here is trying to hide serious health issues. If you have a mental health condition or physical limitation, be honest and show how you're managing it responsibly. Hiding it and having it revealed in court (it often will be, through records or testimony) can destroy your credibility. Another error is exaggerating the other parent's health issues out of context. For example, telling the court the other parent is "mentally unstable" because they once saw a therapist or take anxiety medication will likely backfire unless there is a real, demonstrated impact on parenting. Judges differentiate between manageable conditions and ones that truly impair parenting ability.

6. Physical violence or threat of violence

Statutory language: "the physical violence or threat of physical violence by the child's parent directed against the child or other member of the child's household." (750 ILCS 5/602.7(b)(11))

What it means: If there's a history of domestic violence or abuse by either parent, it's a game-changer. Illinois courts take violence extremely seriously. Evidence of physical abuse by a parent toward the child, the other parent, or anyone in the household is a major red flag. A parent who has committed domestic violence is unlikely to get decision-making responsibilities and may have their parenting time restricted (supervised visitation, for example). Even credible threats of violence are weighed. Safety of the child and the abused parent is paramount.

Example: There's an Illinois case where the father had multiple police reports against him for domestic battery toward the mother (the child wasn't directly harmed, but had witnessed some incidents). The court awarded the mother sole decision-making and the majority of parenting time, and the father's parenting time was limited to day-time hours with supervision required initially. The judge explicitly cited the domestic violence history as a reason that joint decision-making was not appropriate – the parents could not cooperate safely. Even without a conviction, testimony from the mother and a report from a guardian ad litem documenting the violence was enough to sway the outcome.

Common mistakes: If you have been a victim of domestic violence, a mistake would be failing to bring it up or thinking it's not relevant if the child wasn't directly hit. It is very relevant – inform the court, provide any evidence (police reports, orders of protection, photos, witness statements). Illinois law even allows for an expedited hearing if there's serious endangerment. On the other side, if you have perpetrated violence, a huge mistake is violating any order of protection or not addressing your behavior (like not attending anger management or counseling). Judges need to see that the risk is eliminated or under control. Lastly, making false allegations of abuse is another grave error – it can destroy your credibility and you could lose custody if the court believes you tried to falsely paint the other parent as abusive.

7. Ongoing or repeated abuse

Statutory language: "the occurrence of ongoing or repeated abuse (as defined in the Illinois Domestic Violence Act) whether directed against the child or against another person." (750 ILCS 5/602.7(b)(14))

What it means: This overlaps with the prior factor but emphasizes patterns of abuse. It's not just one incident of violence – the court looks at whether there is a continuing pattern of abuse or domestic violence. This can include physical abuse, but also other forms of abuse like harassment, stalking, emotional abuse, or controlling behaviors that qualify under the Domestic Violence Act. A parent with a history of repeated abuse will have a very hard time in custody court; protecting the child and the abused parent takes priority.

Example: Imagine a scenario where over the course of the marriage, the father has had several incidents – a shove during an argument in 2022, a punch that led to a police call in early 2023, and violations of a restraining order later in 2023. This pattern of ongoing abuse signals to the court that the abusive parent may pose a serious risk. The judge in such a case might not only restrict the abuser's parenting time (or suspend it temporarily), but also ensure any contact exchange happens in a safe, public place or via a third party. In some instances, the abusive parent might only get supervised visitation until they prove rehabilitation.

Common mistakes: For victims: not documenting the pattern. Each incident should be documented (medical reports, police reports, journal entries, photos of injuries, texts threatening harm, etc.). It can be scary to document or report abuse, but in court, evidence is key. For the accused: thinking that old incidents won't matter now. A "clean slate" approach doesn't work unless you truly show change. If you have past incidents of abuse, engage in counseling or intervention programs and provide proof of your rehabilitation. Don't intimidate or contact the other parent against court orders; even indirect harassment (like sending hostile messages) can be considered ongoing abuse. And of course, never involve the child in abusive behavior (witnessing it or being used to relay threats).

8. Willingness to facilitate a relationship with the other parent

Statutory language: "the willingness and ability of each parent to facilitate and encourage a close and continuing relationship between the other parent and the child." (750 ILCS 5/602.7(b)(13))

What it means: Judges want to see that you will support your child's relationship with their other parent (assuming the other parent is safe and fit). If one parent is trying to poison the child against the other or refuses to communicate and co-parent, courts frown on that heavily. This is basically about cooperation and preventing parental alienation. Even if you dislike or distrust your ex, the law expects you to foster the child's bond with them (again, absent safety issues). Showing that you can be mature and child-focused in co-parenting will win you major points with the court.

Example: Let's say a mother routinely bad-mouths the father in front of the kids, blocks phone calls, "forgets" to tell him about school events, and withholds the child during his scheduled time. The father, meanwhile, documents each incident and continues to inform the mother about school updates during his time and encourages the kids to call her. In court, the judge sees that the mother is not facilitating a relationship – in fact, she's sabotaging it. As a result, the judge might transfer primary parenting time to the father or impose conditions on the mother's parenting time. Illinois courts have, in some cases, changed custody when one parent consistently interferes with the child's relationship with the other parent, viewing it as against the child's best interests.

Common mistakes: Engaging in parental alienation tactics is the biggest. This includes things like speaking poorly about the other parent to the child, sharing court details or child support disputes with the child, or making the child feel guilty for loving the other parent. Even subtler things like showing hostility at exchanges or refusing to share school info make a bad impression. On the flip side, a parent sometimes thinks they have to be a doormat to "prove" they facilitate; that's not true either. You can set reasonable boundaries while still being cooperative. The key is demonstrating that you encourage the child to have a healthy, loving relationship with the other parent and that you follow court orders regarding communication and visitation.

9. Whether a restriction on parenting time is appropriate

Statutory language: "whether a restriction on parenting time is appropriate." (750 ILCS 5/602.7(b)(10))

What it means: This is a bit technical. Generally, Illinois law presumes both parents are fit and should have unrestricted parenting time unless there's proof that a parent's time would seriously endanger the child (see 750 ILCS 5/603.10). A "restriction" could mean supervised visitation, limiting location of exchange, requiring third-party presence, or anything that limits normal parenting time due to safety concerns. In the list of factors, the judge considers if any such restriction is warranted. Usually, restrictions only happen if there's evidence of abuse, neglect, addiction issues, etc. (some of which overlap with other factors). If not, the court leans toward liberal parenting time for both.

Example: A father has a recent history of opioid abuse and a DUI with the child in the car. The court might determine that unrestricted parenting time with him could endanger the child. So, the judge may order a restriction: for instance, that the father's parenting time must be supervised by a grandparent or take place at a visitation center until he shows 6 months of clean drug tests and completion of a rehab program. In considering all factors, the judge explicitly notes that a restriction is appropriate here for the child's safety. In contrast, if both parents are generally fit, the judge will not impose restrictions – even if one parent alleges minor issues, a restriction is a serious measure only used for serious concerns.

Common mistakes: If you are the parent asking for the other parent's time to be restricted, a mistake is not having solid evidence. Courts don't restrict parenting time lightly. You'll need police reports, medical records, witness affidavits, etc., to back up claims of endangerment. If you exaggerate or fabricate, you'll lose credibility and maybe even face consequences. For parents facing a potential restriction, denying problems in the face of evidence is a mistake. If, say, you had a DUI, it's better to propose a safety plan (e.g., "I will only have supervised visits until I complete treatment") than to pretend it's no big deal. Also, failing to follow an existing restriction (like sneaking unsupervised time) will severely hurt your case. Always put child safety first – if you demonstrate that attitude, courts are more likely to lift restrictions sooner.

10. The distance between the parents' residences

Statutory language: "the distance between the parents' residences, the cost and difficulty of transporting the child, each parent's and the child's daily schedules, and the ability of the parents to cooperate in the arrangement." (750 ILCS 5/602.7(b)(9))

What it means: This factor is about practical logistics. If parents live far apart, a 50/50 schedule might be impractical, especially on school days. The court looks at how far apart the homes are, how easy or hard it is for the child to be transported between them, what the child's school and activities schedule is, and what each parent's work schedule is. Also, how well can the parents manage hand-offs and coordination? For example, if parents can barely communicate, a complex schedule with frequent exchanges might not be workable. This factor often comes into play when one parent wants to move, or if they already live in different cities.

Example: Mom lives in Chicago, Dad lives in Peoria – about 3 hours apart. A judge likely won't order a week-on, week-off arrangement because the distance would require the child to commute or change schools constantly. Instead, the court might give one parent primary time during the school year and generous holidays and summer breaks to the other. Now consider a shorter distance: parents live 30 miles apart. If that 30 miles is a tough commute (e.g., across the city during rush hour), the court will consider the strain on the child. They might still allow equal time, but perhaps arrange longer blocks (like alternating weeks) to reduce frequent driving. The parents' work schedules also factor in – if one works nights, maybe the schedule can accommodate that, etc. Ultimately, the plan has to be practical for the child's routine.

Common mistakes: Not being realistic about geography. If you move a significant distance away and then demand a schedule that doesn't match the reality (like expecting the other parent to drive the child three hours every other day), the court will notice. Be prepared to adjust your expectations if distance is an issue. Another mistake is refusing to do any driving or meet halfway for exchanges – judges favor parents who show flexibility and reasonableness in making the logistics work. Also, if your work schedule is crazy (say you work 12-hour shifts), don't hide that; instead, propose a schedule that accounts for it (maybe you have more time on your off days). The court appreciates when a parent is honest about scheduling limitations and tries to craft a plan that minimizes stress on the child.

11. Each parent's ability to meet the child's needs

Statutory language: "the child's needs." (750 ILCS 5/602.7(b)(8)) (and by implication, each parent's ability to meet those needs)

What it means: This is a broad factor that basically asks: what does this particular child need, and how does each parent fulfill those needs? Needs can be physical (food, shelter, medical care), emotional (love, stability, support), educational (help with homework, support for special education if applicable), and so on. Illinois law emphasizes that the child's needs come first. So if, for example, a child has a medical condition that one parent has been managing effectively, that will be important. Or if a child has strong educational needs (like tutoring or an IEP at school), the parent who is more attuned to that might be favored.

Example: A child has ADHD and needs a strict routine and medication on schedule. Parent A has diligently managed doctor appointments, therapy, and school accommodations, while Parent B is less consistent and has even missed giving the child medication on their days. A court would likely reason that Parent A is currently better meeting the child's needs, and thus might tilt decision-making or more school-week time to Parent A to ensure the child's needs are met. Another example: a teenage child might need continuity in a certain school for an academic program or sports – the parent who can keep the child in that program could be favored in terms of residence during school year.

Common mistakes: Focusing on parent needs over child needs. Statements like "I need at least 50% time or I'll feel cheated" do not go over well. Instead, frame everything in terms of the child's needs. Another mistake is downplaying a child's special needs to avoid looking bad. If your child needs extra help and you struggle to provide it, acknowledge that and maybe suggest a plan (e.g., "the other parent is better at managing the math homework, so maybe they handle weeknight homework, and I'll focus on other ways to support our child"). Judges appreciate when parents are realistic and child-focused, rather than ego-driven. Finally, not being prepared to show you understand and can meet your child's unique needs – whether it's a food allergy, a learning disability, or just a need for structure – can hurt you. Come to court ready to demonstrate that you have a plan to meet all your child's needs on your own time.

12. Each parent's employment obligations

Statutory consideration: (Implied in factor (9) regarding "daily schedules" and practical considerations)

What it means: While not listed verbatim as a separate numbered factor in the statute, in practice courts do consider each parent's work schedule and obligations under the catch-all of daily schedules and ability to care for the child. If one parent travels extensively for work or works nights/weekends, that can affect the parenting plan. The court's focus is how to ensure the child is well cared for when with each parent. A parent who is never available might naturally end up with less parenting time, or a schedule tailored around their work. However, courts also recognize that most parents have to work, so they look at who has more flexibility or support (like a reliable childcare plan).

Example: Mother is a nurse working 12-hour night shifts three times a week; Father works a 9–5 job weekdays. The court might craft a schedule where the father has the child on school nights (since mother is at work overnight) and the mother has more weekend days when she's off. Or if a parent's job has them on call unpredictably, a judge will want to see a plan for backup childcare or trading days with the other parent as needed. In one scenario, a dad who was a truck driver often on the road couldn't maintain a regular mid-week overnight, so he agreed (and the court ordered) that he'd have all his parenting time on weekends when home, rather than a inconsistent schedule that could disrupt the child's routine.

Common mistakes: Being inflexible or secretive about your work schedule. If you act like you're always available but the evidence shows you are not, you lose credibility. It's better to propose a realistic schedule that accounts for your work. Another mistake: refusing to accommodate the other parent's reasonable work-related requests (like swapping days due to a work trip). Judges can tell who is cooperative and who isn't. Always keep in mind, the court isn't punishing you for working – they just need to ensure the child has proper care. If your job is demanding, demonstrate that you have a plan (support from family, a dependable babysitter, or willingness to adjust schedule) to still prioritize the child. Also, don't belittle the other parent's work commitments (e.g., "she cares more about her career than the kids") unless those commitments truly render them unable to care for the child, which is rarely absolutely black-and-white.

13. Any other factor the court finds relevant

Statutory language: "any other factor that the court expressly finds to be relevant." (750 ILCS 5/602.7(b)(17))

What it means: This is a catch-all. Courts have discretion to consider anything else that might be important in a particular case. For example, if a child has a very unique need or talent (say, one parent has been coaching them in a high-level sports league, or the child has cultural needs tied to one parent's background), the court can consider that. Or if something doesn't fit neatly into the listed factors – like a parent's extremely bad moral example that isn't abuse or illegal (perhaps involving exposing the child to inappropriate media or constant profanity) – a judge could factor that in. Essentially, if it affects the child's well-being, the court can consider it, even if not explicitly listed in the law.

Example: A court once considered the fact that one parent consistently failed to get a child to school on time on their parenting days. While "tardiness" isn't a listed factor, it was relevant to the child's welfare and education. The judge adjusted the parenting time exchange to Sunday evening rather than Monday morning to ensure the child made it to school. In another case, the court considered a parent's extended family support; one parent had a large supportive family nearby, the other was very isolated – the strong support network was seen as a plus for the child (this could arguably fall under "any other factor" or the relationships factor).

Common mistakes: Ignoring this catch-all could mean ignoring something truly important in your case. If there's a factor you believe is critical (maybe a unique cultural or religious practice, or the child's special talent that one parent nurtures more), bring it up. A mistake is assuming the judge will automatically realize its importance; you or your attorney should explicitly connect the dots. Also, avoid bringing up trivial issues under "any other factor." Complaining about the other parent's annoying but harmless habits (like "he feeds the kids sugary cereal on his mornings") will dilute your case. Focus on what really matters for your child's well-being. If it doesn't fit one of the first 12 factors, you can still raise it, but make sure it's truly relevant.

To illustrate how these factors play out, let's look at a real example. In an Illinois Appellate Court case from 2021, a mother appealed the trial court's decision to give the father majority parenting time. The evidence showed that while both parents were loving and fit, the mother had consistently interfered with dad's parenting time (Factor 8) and the children were thriving in the father's care with stability in school and routine (Factors 3 and 4). The mother also had a history of making unilateral decisions without consulting the father, demonstrating an unwillingness to co-parent. The appellate court upheld the trial court, emphasizing that the mother's behavior undermined the children's relationship with their father, and thus the best interests analysis favored the father as primary residential parent. This shows that even if you consider yourself the "better" parent, undermining the other parent can backfire. Courts truly look at the whole picture.

The bottom line: To succeed in an Illinois custody case, align everything you do and ask for with these best interest factors. Be prepared to present evidence (witnesses, documents) for each factor that supports you. And remember that no single factor wins the day (unless it's something extreme like abuse) – it's the cumulative best interests of the child. For more insight on how judges apply these factors, check out our deep dive on the best interest standard in Illinois. Next, we'll address how custody orders can be changed after they're entered – because life goes on and circumstances can change.

When and How to Modify a Custody Order in Illinois

Life isn't static. The custody arrangement that worked when your child was 5 might not work when they're 10. Illinois law allows parents to seek modifications to parenting time or decision-making orders, but there are important rules about when and how you can do it. Generally, you cannot yank custody arrangements back into court on a whim. The law (specifically 750 ILCS 5/610.5) sets a two-year moratorium on changing decision-making responsibility after a final order, except in emergencies. Parenting time adjustments can be made more freely, but still require a good reason.

Here's what you need to know about modifying a custody (parental responsibilities) order in Illinois:

• The 2-Year Rule: Illinois generally prohibits filing a motion to modify parental decision-making within the first two years of the initial allocation judgment, unless the child's present environment may seriously endanger their physical, mental, moral, or emotional health. This rule is intended to give families a period of stability post-divorce or judgment. Example: If you settled custody in January 2024, neither parent can try to switch who has decision-making until after January 2026, unless there is serious endangerment (like evidence of abuse or neglect in the current setup). Note: This 2-year limit doesn't typically apply to adjusting parenting time schedules – those can be modified if there's a change in circumstances, but even then, frequent changes are discouraged.
• Substantial Change in Circumstances: After the initial two-year period (or anytime for parenting time modifications), the parent seeking a change must show a "substantial change in circumstances" since the last order. This could be a big change in the child's life or in a parent's situation. Common examples: one parent moves or wants to relocate far away (relocation cases), a parent's work schedule changes significantly, the child's needs change (e.g., a diagnosis that requires a new parenting arrangement), one parent is not following the plan or is endangering the child, or perhaps the child, now older, is struggling with the current schedule. The change must be material to the child's welfare. If there's no substantial change, the court will deny the modification request outright.
• Best Interests (again): Even if you prove a substantial change, you then must show the proposed modification is in the child's best interests (those factors we just covered). In modification cases, courts often emphasize stability – they won't change a child's primary residence or school lightly. You have to show that the benefits of the change outweigh the disruption. For instance, if a 12-year-old has been living primarily with Mom but now Dad seeks primary custody because Mom's circumstances changed (maybe she moved in with a partner who has caused issues, or her work schedule means the child is often with babysitters), Dad must show how living with him primarily will better serve the child going forward.
• Process and Evidence: To modify, you typically file a petition (or motion) to modify the parenting plan or allocation judgment in the same court that issued the original order. It's critical to attach an affidavit (a sworn statement) in many cases, especially if you're filing within two years alleging endangerment, outlining the facts that support the change. The court may hold an evidentiary hearing to decide if the threshold of substantial change is met before even considering best interests. It's advisable to have clear evidence: changed school grades or attendance records, police reports or medical records if safety is an issue, financial/employment records if job change is relevant, etc.

The types of modifications vary. It could be a minor tweak ("exchange time moved from 5pm to 6pm because Mom got a new job") which is relatively easy if both agree, or a major overhaul ("child now primarily lives with Dad instead of Mom"), which often requires a trial. Illinois law even distinguishes between minor modifications (which don't change the primary residence or decision-making) and major ones; minor ones can be made with less fuss, sometimes no proof of substantial change needed if truly minor. But anything major always requires showing that change in circumstance.

Common reasons Illinois courts grant modifications include:

• Relocation: One parent needs or plans to move a significant distance. (We cover relocation in the next section, but if relocation is allowed, often a modification of the parenting schedule is part of the deal.)
• Persistent Denial of Parenting Time: If one parent consistently violates the order and denies the other parent their time, the court might modify custody – in extreme cases even flipping primary custody to the compliant parent, seeing the other as not acting in the child's best interests. (Additionally, the offending parent can be held in contempt; see Enforcement section.)
• Substance Abuse or Criminal Issues: If a parent develops a drug/alcohol problem or gets into legal trouble that affects the child's safety, a modification can happen quickly. For example, if a parent is arrested for a violent offense or DUI with the child, courts can even temporarily suspend their parenting time via emergency order, then formalize changes later.
• Significant Change in Child's Needs: Perhaps the child was a toddler and is now school-aged, making the old schedule (like daily short visits) impractical. Or the child has developed a medical or educational condition requiring one parent's closer involvement or a more structured routine.
• Change in Parental Circumstances: One parent remarries or has another child, one changes work schedule or loses a job, one moves closer or farther, etc. Not all such changes are "substantial" enough, but if it alters the child's life (e.g., remarriage to someone the child does not get along with, or a new job means a parent is now available more often), courts will consider adjustments.
• Agreement of the Parents: If both parents agree to a change (and it's in the child's best interest), courts will usually approve it. For instance, both parents might agree that as the child becomes a teenager, they want to switch to a week-on/week-off schedule instead of the old schedule. The court can enter the agreed modification (often without needing to prove a "substantial change" formally if both consent, although practically the parents agreeing often implies circumstances evolved).

An important option in true emergencies: If you believe your child is in immediate danger with the current arrangement, you can file an emergency motion to temporarily restrict the other parent's parenting time (or change primary residential custody). This is a high bar: you must show the child is at risk of serious harm. Courts will hold a quick hearing, sometimes ex parte (without the other parent present initially, if the situation is urgent), to grant temporary relief. An example would be evidence of abuse, or the other parent was arrested for something grave, or the child is being neglected. If granted, this is temporary; you'll still need to proceed with a normal modification case to make changes permanent, but it can provide immediate protection.

One more note: modifications can be time-consuming. From filing to a final decision might take several months or more, especially if a guardian ad litem or evaluation is involved to reassess best interests under new circumstances. So, if you're considering this path, make sure it's truly necessary. That said, don't shy away if your child's situation isn't working – the law is there to adapt to life's changes, within reason.

Illinois Parental Relocation: Notice Requirements and Court Process

With our increasingly mobile society, it's common for a parent to need or want to move to a new city or state. But when you share custody, you can't just pack up and leave without addressing the legal requirements. Illinois has specific relocation laws (found in 750 ILCS 5/609.2) that detail what you must do if you plan to move a certain distance. "Relocation" in Illinois is defined by precise distance thresholds, and the procedure involves advance notice and potentially court approval.

What counts as a "relocation" under Illinois law? It depends on where you're moving from and to:

• If you live in Cook County, DuPage, Kane, Lake, McHenry, or Will County (basically the Chicago metro counties), a move of more than 25 miles from your current home is considered a relocation.
• If you live in any other Illinois county, a move of more than 50 miles from your current home is considered a relocation (as long as the move is still within Illinois).
• Any move out of Illinois that is more than 25 miles from the current home is considered a relocation, even if the starting point is in those smaller counties category or not.

So, small moves within the same general area (for example, 10 miles away in the same city) are not "relocations" requiring special permission. But a move from Chicago to Rockford (about 90 miles) or from Peoria to across the river in Iowa (even if only 30 miles) would trigger the relocation law.

Notice Requirement – 60 Days: If your planned move qualifies as a relocation, Illinois law mandates that you provide written notice to the other parent at least 60 days in advance of the move (or as much advance notice as possible if 60 days isn't practicable for some reason). The notice must be in writing and must include:

• The intended date of the move.
• The new address (if known). If you don't know the exact address yet (e.g., you haven't secured housing but know the general area), you should at least specify the city or general location.
• The length of time the relocation will last (if it's not permanent – for instance, a one-year work assignment in another state).

You must send this notice to the other parent (and it's wise to do it by a method you can later prove, like certified mail or email with confirmation). Also, you have to file a copy of the notice with the court. There is often a standard Relocation Notice form provided by the circuit court or you can write your own letter containing the required info.

If the other parent consents to the move by signing the notice, you then file it with the court, and the relocation is allowed without further court action. The court will typically approve an agreed modification of the parenting plan to account for the move (as long as it's still in the child's best interests). Essentially, if both parents agree, the judge is not going to stand in the way of the relocation.

If the other parent objects (or just doesn't sign the notice), then you must file a petition with the court seeking permission to relocate. This turns into a court case (or a new phase of your custody case) where the judge will decide whether to allow the move and how to adjust parenting time if it's allowed.

Court Decision Factors: When a judge is asked to decide whether to permit a relocation (because parents don't agree), the court will consider a specific set of factors listed in 750 ILCS 5/609.2(g). They mirror the best interest factors but tailored to relocation. Key relocation factors include:

• The reasons for the move: Is the relocating parent moving for a legitimate, good-faith reason? (e.g., a job opportunity, to be closer to family support, remarriage, better housing) Or does it appear the primary motive is to frustrate the other parent's time with the child?
• The reasons (if any) the other parent opposes: The court will hear why the non-moving parent objects. For example, "I oppose because it will severely reduce my time with my daughter, and I can't relocate myself due to my job/family here." If the objection is purely to punish the other parent, court will see through that; but if it's rooted in genuine concern for the parent-child relationship, that weighs against the move.
• The history and quality of each parent's relationship with the child: If the relocating parent has been the primary caregiver and the other parent has utilized all their time or not, etc. If the other parent has barely been involved, a court might be more inclined to allow the move. If both have been very involved, the judge sees the move as a bigger impact on the child's relationship with the left-behind parent.
• Educational opportunities: Compare the schools and educational (or extracurricular) opportunities at the current location versus the new location. If the new location offers significantly better schooling or programs for the child, that helps the case for moving (assuming all else is okay).
• Extended family: Where are grandparents, cousins, etc.? If by moving the child will be closer to supportive family, that is a plus. Conversely, if moving takes the child away from most of their family, that's a concern.
• Impact on the child: This is a broad catch-all: how will the relocation likely affect the child emotionally, socially, etc. Will they be uprooted from a community they've known? Are they adaptable? Sometimes an expert or GAL will weigh in on this.
• Possibility of a reasonable parenting schedule if move happens: Can we still make sure the other parent gets meaningful time, albeit maybe in chunks (like summers, long breaks, extended holidays)? The court will think about whether technology (video calls) and school breaks can preserve a relationship. If a reasonable schedule (though different) can be crafted, a move might be workable.
• The child's own wishes: As with general custody, if the child is mature enough, the court may consider whether the child wants to move or not.
• Minimizing harm to parent-child relationship: Judges will consider how to minimize the impact – e.g., if allowed, perhaps ordering the moving parent to provide transportation for visits, or extra time in summers to the other parent to compensate for lost weekly time.
• Any other relevant factors: This could include, for instance, if the relocating parent has a track record of past attempts to thwart the other parent, or if the child has special needs better served in one location.

Basically, the court weighs the benefits of the move (to the parent and child) against the harm of disrupting the child's relationship with the other parent and stability. There's no presumption either way; it truly is case-by-case. Relocation cases can be some of the toughest calls judges make, because often both options have downsides (either the child loses some time with one parent vs. loses an opportunity or improved situation with the other).

Violation Consequences: What if a parent just up and moves without notice or court approval? This is serious. If a parent relocates with the child without following the law, the court can order the child returned, and it will reflect very poorly on that parent's custody rights. The court can consider the parent's failure to follow the notice rules as evidence of bad faith (which might lead to denying the relocation when it's formally heard). The parent could also be held in contempt of court. In extreme scenarios, a parent who "abducts" the child in violation of orders could face a change of custody to the other parent and even criminal charges under parental kidnapping statutes or the federal Parental Kidnapping Prevention Act. So, do NOT violate these rules. Always provide notice and get permission if required.

One common relocation mistake is assuming that if you're the primary residential parent, you can move wherever and just let the other parent "figure it out." Illinois law explicitly prevents that – even the majority-time parent must get permission if the move meets the distance criteria. Another mistake: not involving the other parent early. Sometimes, if you discuss the move openly and perhaps negotiate adjustments (maybe offering extra time in summers, or covering transportation costs), you can get their consent and avoid a court fight. If you spring it on them last minute, expect a battle.

Keep in mind that relocation doesn't always mean a huge interstate move. Even a move from one end of Chicagoland to another might cross that 25-mile threshold and trigger these procedures. For example, moving from Waukegan (Lake County) to Joliet (Will County) is about 70 miles – that requires notice and likely court approval if the other parent objects, because it will affect where the child goes to school and the driving distance for visitation.

If you're facing a relocation situation, it's highly advisable to consult an attorney. These cases are complex and high-stakes. Our firm has handled many relocation cases – we can help you craft a strong notice and relocation petition, or fight an unjustified move to protect your relationship with your child. Next, let's turn to something every Illinois parent in a custody case will encounter: the parenting plan.

Creating an Effective Illinois Parenting Plan

A parenting plan is essentially the blueprint for how you and the other parent will raise your child after separation. Illinois requires divorcing or separating parents (in allocation of parental responsibilities cases) to submit a proposed parenting plan to the court, ideally as a joint agreed plan, but if not, each parent can submit their own plan for the judge to decide between or modify. Under 750 ILCS 5/602.10, this must be done within 120 days of the petition being served (for initial cases). Even if you're not on the clock in a court case yet, working out a plan early is smart. It covers all practical aspects of custody: schedules, holidays, decision-making, etc.

Required Elements: Illinois law says a parenting plan must address at least 15 specific issues (750 ILCS 5/602.10(f)). In plain language, some of the most important elements are:

• Allocation of significant decision-making: Who makes the big decisions (education, health, religion, extracurriculars)? The plan should spell out if it's joint or sole for each category. For example: "The parents shall have joint decision-making responsibility for education and extracurricular activities, but Mother shall have sole decision-making for medical decisions and religion."
• Regular parenting time schedule: This is the nuts and bolts of when the child is with each parent during a normal week. There are many possible schedules (e.g., alternate weekends, or a 2-2-3 rotation, or week-on/week-off). The plan should be detailed – e.g., "Exchange every Monday and Thursday at 6:00pm at Location X," or a chart showing a two-week repeating cycle. Consistency and clarity are key so you don't end up in conflict later over who has the child when.
• Holiday and school break schedule: A good plan will list all major holidays (and school breaks like winter break, spring break, etc.) and specify how they're divided. Many plans alternate major holidays in even/odd years (e.g., Dad gets Thanksgiving in even years, Mom in odd years) and split longer breaks (or alternate them). Also consider birthdays (child's and parents' if desired) and other special days. The plan might also set a priority rule (Illinois suggests a priority: holidays trump regular weekends, etc., to avoid confusion).
• Transportation and exchange logistics: How will the child get between homes? Will pick-up/drop-off be at school, at each other's houses, halfway point, etc.? Who drives? For instance: "Each parent will pick up the child from the other's residence at the start of their parenting time" or "Exchanges will take place at the child's school; if no school that day, then at the Walmart parking lot off I-55 halfway between residences." Clear logistics prevent later arguments.
• Communication provisions: How will the child communicate with the other parent when not with them? It's good to include something like: "The child may have phone or video calls with the other parent during appropriate times, and each parent shall facilitate such contact at least once every frequency." Also, that each parent will keep the other updated with a current address, phone number, and emergency contact info.
• Right of first refusal: Illinois plans often include whether or not the parents have a "right of first refusal." This means if a parent needs childcare (for example, a parent will be away or unable to be with the child during their scheduled time for a significant period, often defined like 6 hours or overnight), they must offer the other parent the opportunity to watch the child before contacting a babysitter or third party. You can choose to include this to maximize each parent's time, but it does require good communication.
• Procedure for future disputes: What if parents can't agree on a decision or need to change the plan? Many plans include a dispute resolution method: e.g., "The parties shall attempt mediation prior to petitioning the court for any disputes arising under this parenting plan," or requiring consultation with a parenting coordinator if one is appointed. Also, something about how they will handle proposed changes – like agreeing to discuss and put modifications in writing (and possibly get court approval if major).
• Access to records and information: Illinois law gives both parents rights to access the child's medical, dental, and school records. The plan can reiterate that both are entitled to such information and to be listed as emergency contacts, etc. It's often standard to say "Each parent shall have access to the child's school and medical records and the right to consult with educators and doctors. Each parent will notify the other of school events, medical appointments, and extracurricular activities."
• Relocation notice: The plan can restate the legal requirement for relocation notice – e.g., "Neither parent shall relocate with the child beyond the distance allowed by law without following the provisions of 750 ILCS 5/609.2 (60 days notice and court approval if required)." It's basically reminding both of the law we just covered.
• Any special provisions: For example, if the child is an infant (breastfeeding schedules), or if the child has special needs (therapy schedules, special transportation), or cultural/religious arrangements (child will be raised in X faith, or dietary rules). If the child will eventually need a car, how to handle that – basically any custom rules the parents agree on for their situation.

You can find templates and even a free online Illinois Parenting Plan form from Illinois Legal Aid that walks you through the standard questions. However, working with an attorney to customize it can be wise, especially for complex situations.

Example Parenting Time Schedules: To visualize, here are a few common schedules:

• Alternate Weekends: One parent has the kids on alternating weekends (e.g., Friday after school to Sunday evening), with perhaps a midweek dinner or overnight on the off weeks. The other parent is primary on weekdays.
• 2-2-3 Schedule: Parent A has Monday-Tuesday, Parent B has Wednesday-Thursday, and they alternate the Fri-Sat-Sun (3-day) weekend. This gives pretty equal time and no parent goes more than 5 days without seeing the child.
• Week-on/Week-off: Parents alternate full weeks. Often used when parents live closer or with older kids, and requires good coordination.
• Extended Weekends: One parent might have Thursday through Sunday, and the other Sunday night through Thursday, giving one four days and the other three, etc., depending on work schedules.

Pro Tips for a Smooth Parenting Plan:

Remember, the parenting plan you create will likely be in place for a long time. It pays to think through details now to avoid pain later. Common pitfalls in DIY parenting plans include: forgetting to specify holiday times (leading to yearly arguments), not addressing vacation time (most plans let each parent have 2 weeks of uninterrupted vacation with notice, for example), and not including tie-breaker language for joint decision-making (what if you disagree on a medical procedure? Some plans say the parents will seek mediation or the opinion of the child's doctor, etc., or in some cases assign one parent final say in one area as a tiebreaker).

If you need a starting point, the Illinois Supreme Court's standard parenting plan form (PDF) is comprehensive. But as mentioned, it's quite long and assumes certain defaults. Tailoring it with the help of an attorney or mediator can produce a plan that truly fits your family's situation. Check out our article "Creating a Parenting Plan That Works" for more tips and a checklist of items to consider.

What to Expect from a Court-Ordered Custody Evaluation

Sometimes, despite your best efforts, you and the other parent can't agree on what's best for your child, and the court is faced with a contentious custody dispute. In high-conflict cases or cases involving serious allegations (abuse, mental health concerns, etc.), an Illinois court might order a custody evaluation (now often called a 604.10 evaluation, referencing the section of the law) or appoint a professional to investigate and report on the child's best interests. This is essentially bringing in an expert to assess the family and advise the judge.

There are a few types of evaluative professionals in Illinois:

• 604.10(b) Expert Evaluator: A mental health professional (often a psychologist) appointed to conduct a full evaluation. They will interview both parents, the child, possibly observe parent-child interactions, run psychological tests if needed, and gather information from collateral sources (like teachers, doctors, family members). They then write a report with recommendations on allocation of responsibilities and parenting time.
• 604.10(c) Court's Investigator: In some counties, a court social service agency or a qualified social worker might do a more brief investigation, focusing on specific issues, and report back (sometimes called a "home study" or similar).
• Guardian ad Litem (GAL) or Child's Representative: Though not exactly the same as a custody evaluation, these are attorneys appointed to represent the child's best interests (GAL) or the child's legal interests (Child's Rep). They will also interview everyone and make recommendations to the court, often via testimony or a written report. (See Understanding the Guardian ad Litem's Role for more.)

When are evaluations ordered? Typically in cases with high conflict or serious allegations. Examples: each parent alleges the other is unfit, there are claims of substance abuse or mental illness affecting parenting, allegations of abuse that are not clear-cut, or simply an extremely acrimonious battle where the judge wants an expert's insight. Also, if a parent is requesting a major change (like relocation or a change of primary custody) and the facts are disputed, an evaluation might be sought.

Timeline: A thorough custody evaluation often takes around 3 to 6 months to complete. The evaluator will schedule multiple meetings. Sometimes they meet parents separately, sometimes with the child present to observe interactions. They may also visit each parent's home to see the living environment. If psychological testing is used (like personality tests), those take time to administer and interpret. After gathering info, the evaluator prepares a report. You and your attorney typically get to see the report (sometimes it's kept confidential between attorneys and court until just before a hearing to avoid it influencing negotiations too much). Then, usually, the evaluator will testify at trial or a hearing, and you can question them.

Cost: Custody evaluations are not cheap. In the Chicago area, expect anywhere from $3,000 to $15,000 or more, depending on the complexity and the professional's rates. Often the cost is split between the parents according to their ability to pay (e.g., 50/50 or 60/40, etc.), unless one parent caused the need for evaluation by making false allegations, etc., in which case a judge might assign cost to one side. GALs also charge hourly (though some counties have a sliding scale or volunteer GALs in certain cases). It's an investment, but in thorny cases, that expert recommendation can carry a lot of weight with the court.

How to handle a custody evaluation: Treat the evaluator like the eyes and ears of the court. Be cooperative, punctual, and honest. They are not your enemy, but they're not your advocate either – they're neutral (in theory). Expect them to ask tough questions (e.g., about your weaknesses, or allegations the other parent made about you). Do not bad-mouth the other parent incessantly; focus on the child and facts. The evaluator will likely want collateral contacts – provide names of teachers, pediatricians, or family friends who have observed you with the child. They might also review school records, medical records, and any past incident reports.

What do evaluators look for? In short, the child's best interests (those factors again). They will assess each parent's strengths and weaknesses. They might evaluate mental health (some do psychological tests like MMPI). They look for signs of a strong parent-child bond. They watch for any signs the child is fearful of a parent or if a parent is overly negative about the other (one reason not to bad-mouth). Home conditions are noted – is it reasonably clean, does the child have their own bed, is it a safe environment? Red flags include evidence of abuse (the evaluator might see how the child reacts or play therapy techniques), blatant coaching of the child, or a parent who is uncooperative with the process.

How much weight do courts give? Quite a bit, though not blindly. An evaluator's recommendation can sway a case significantly because they are viewed as an independent expert. That said, it's not automatic: if one party can effectively challenge the evaluator's methods or findings on cross-examination, the judge might not follow it entirely. But realistically, if an experienced evaluator says "I recommend Mom have primary and Dad have alternating weekends plus a midweek dinner, and joint decision-making," odds are the final order will look a lot like that. Judges appreciate having an expert cut through the he-said/she-said. So take the evaluation seriously – it could be the single most influential element in your case.

For more insights, you can read our article "How to Prepare for Your Child Custody Evaluation", which delves deeper into do's and don'ts. And remember, the evaluator is there because the court wants to make the best possible decision for your child. If you approach it with that same mindset, you'll come across as a caring, child-focused parent – exactly what the evaluator is looking for.

Navigating Special Custody Challenges in Illinois

Every family is unique, and some custody cases involve special challenges that go beyond the typical. Illinois courts have experience handling a wide range of complex situations. Let's discuss some of the most common special custody issues and how they are addressed:

Substance Abuse by a Parent

How courts handle it: If a parent has a history of drug or alcohol abuse, the court's priority is to ensure the child's safety. A parent actively abusing substances is unlikely to get significant unsupervised parenting time until they show recovery. Courts can and do order restrictions like supervised visitation, mandatory drug testing (sometimes random testing), or proof of completion of a rehab program before expanding parenting time. For example, a parent with DUIs may be ordered not to drive the child and to only have visits if sober (with testing to verify).

Evidence needed: Proof can come via DUI records, drug test results, arrests, testimony from people who witnessed the parent under the influence while caring for the child, etc. Sometimes the other parent might request the court to order a drug/alcohol evaluation or testing as part of the case. If you suspect substance abuse, document specific incidents (dates, what happened) and gather any corroboration (texts where the other parent admits to drug use, photos of drug paraphernalia, etc.).

Typical outcomes: The abusing parent often gets a path to earn more parenting time by complying with conditions. For instance, "Father shall have supervised parenting time for 3 hours each weekend at XYZ center; upon 6 months of clean random drug tests and successful completion of a substance abuse treatment program, he may petition to expand parenting time." Ultimately, if the parent gets clean and demonstrates responsibility, parenting time can approach normal. If they relapse or refuse help, restrictions remain or can tighten (even as extreme as suspending visits).

Internal link: Learn more about addressing substance abuse in custody cases and what kind of provisions Illinois courts might include to protect kids (like soberlink alcohol monitoring, etc.).

Mental Health Concerns

How courts handle it: Mental illness by itself does not disqualify a parent. Illinois courts look at whether and how a parent's mental health condition affects their ability to care for the child. A well-managed condition (like depression treated with therapy/medication) usually isn't a huge issue. But serious conditions that are untreated or cause erratic behavior can lead to limits on custody. The court might order a psychological evaluation of a parent if mental health is a major question. If a parent has, say, bipolar disorder that's causing episodes of instability, the court might require proof of ongoing treatment and perhaps restrict overnight visits during a crisis period.

Evidence needed: Medical records or testimony from therapists (if obtainable), testimony from family/friends about incidents (e.g., "Mom had a psychotic episode in front of the child"), school or police reports if the child was affected (like the child had to call 911 during a parent's panic attack). The parent's own testimony is considered too. Often, if mental health is at issue, the court relies on expert opinions via custody evaluators or psychiatric evaluations.

Typical outcomes: A plan may be crafted to accommodate the issue. For example, if a mother has severe anxiety that flares up, maybe the father keeps the child during those times or the mother agrees to not be alone with the child during a severe episode (with a grandparent stepping in). If a condition makes a parent unpredictable, initially their time might be supervised. Many judges also include a clause like "Each parent shall continue any recommended mental health treatment and shall not discontinue medication without consulting their physician" if relevant. Ultimately, the court wants to support both parents' relationships with the child while making sure the child isn't put in dangerous or frightening situations due to a parent's condition.

Internal link: We discuss strategies for addressing mental health in custody cases, including how to show the court you're managing a condition or conversely, how to raise concerns about the other parent's instability appropriately.

Domestic Violence History

How courts handle it: As covered in the best interest factors, domestic violence is a critical issue. A parent with a history of violence, especially if it's against the other parent or child, will likely face supervised visits or mandated counseling (batterer intervention programs) as a condition to have parenting time. Joint decision-making is usually off the table if there's been abuse between the parents – Illinois law actually says the court shall not require mutual decision-making if there's ongoing abuse (because forcing victims to collaborate with abusers is dangerous). The court may also put protective measures in the parenting plan, such as using a neutral location for exchanges or even a supervised exchange center to prevent conflict at hand-offs.

Evidence needed: Orders of protection, police reports, medical records of injuries, photos, or prior testimony are key. If there were criminal charges, those records. A victim-parent's testimony under oath describing incidents is evidence too. Courts take even old abuse into account if it was significant, though more recent or ongoing patterns carry the most weight. If an order of protection is in effect, the parenting arrangement often has to align with it (sometimes a separate visitation order is included in an OP).

Typical outcomes: A parent who committed domestic violence might still get parenting time, but in a controlled way. For example, supervised visitation at a facility, or supervised by a trusted third party (mutually agreed relative, etc.). The abusive parent may be required to complete anger management or a domestic violence program and show proof. Decision-making likely goes solely to the victim parent. If the violence was directed toward the child, the situation is even more restrictive – possibly no contact or very limited until the parent proves change (if ever). Illinois courts can also require that exchanges happen curbside (no one leaves their car, to avoid confrontation) or at a police station lobby for safety. And of course, if a parent poses a severe ongoing danger, the court can deny parenting time entirely (at least temporarily).

Internal link: Read how domestic violence affects custody in Illinois for detailed info on legal protections and tips for parents in these situations.

Parental Alienation

How courts handle it: Parental alienation refers to one parent's attempts to poison the child's relationship with the other parent. Courts are very wary of this. If proven, judges may modify custody to stop the alienation. For example, if Parent A is turning the child against Parent B without justification (no abuse or safety issue, just hostility), the court might reduce Parent A's time or even change primary custody to Parent B to protect the child's relationship with both parents. Courts can also order therapy (like reunification therapy) to repair the parent-child bond that's been damaged.

Evidence needed: Alienation is tricky to prove, but signs include: the child suddenly refusing to see the other parent with no clear reason, the child parroting adult phrases or accusations they likely don't understand (suggesting coaching), one parent violating orders or making negative comments constantly (documentable through texts, emails, or witness testimony), or a professional evaluation (GAL or psychologist) concluding alienation is occurring. Sometimes teachers or counselors notice and can testify that a child says extreme things about one parent that likely came from the other parent's influence.

Typical outcomes: If alienation is found, judges often act fairly strongly, because a continuing pattern can cause long-term emotional harm to the child. They might flip primary custody. They might require the alienating parent's time to be therapeutically supervised. Counseling for the child and the family might be ordered. In some cases, judges have even warned the alienating parent that if they don't change their behavior, they could lose parenting time entirely. The goal is to prevent the child from losing a healthy relationship with a parent due to one parent's manipulation.

Internal link: We have resources on recognizing parental alienation tactics and what to do if you suspect it's happening in your case.

Non-Parent Custody (Grandparents, Step-Parents)

How courts handle it: Generally, parents have the superior right to custody of their children above any third party. However, in Illinois, there are situations where a non-parent (like a grandparent or sometimes a step-parent) can seek custody or guardianship of a child. This usually requires proving the parents are unfit or that giving the child to a parent would be harmful. A common scenario is when both parents have serious problems (substance abuse, incarceration, etc.) and a grandparent has been the primary caregiver. Illinois also has a statute for non-parent visitation under certain circumstances (750 ILCS 5/602.9), for instance, grandparents can petition for visitation if one parent is deceased or other specific situations, but that's different from custody.

Evidence needed: For a non-parent to get custody (often done via a guardianship in probate court or a Petition for Allocation of Parental Responsibilities if they meet criteria), they must show parents voluntarily gave up custody or are unfit/willing and able to parent. Evidence could include: the parents' abandonment of the child, evidence of abuse or neglect by the parents, proof that the child has been living with the non-parent for a significant time, etc. It's a tough standard – the court won't lightly take a child from a parent and give to a third party.

Typical outcomes: If a grandparent or relative does get custody, it might be temporary (until a parent rehabilitates, if that's possible). Sometimes, DCFS (child welfare) cases are involved, and a relative becomes a foster placement leading to guardianship. For step-parents, Illinois law does allow in rare cases a step-parent to petition for visitation or custody, but certain conditions apply (e.g., one biological parent deceased or both bio-parents unmarried and one has no significant role, etc.). Grandparent visitation (not custody) can be granted if it's in the child's best interests and the parent (their child) is, for example, deceased or the child lived with the grandparent for a certain time, etc. These are complex cases; courts try to balance respecting parental rights with protecting child's established relationships. Often, non-parents succeed only when the parents are out of the picture or proven unfit.

Internal link: For those situations, check out grandparent custody and visitation rights in Illinois to understand what the law does and doesn't allow.

LGBTQ+ Custody Considerations

How courts handle it: Illinois law is generally inclusive and does not allow discrimination based on sexual orientation or gender identity. A parent being gay or transgender is not a factor that should negatively affect custody decisions by itself. Illinois courts focus on conduct and best interests, not a parent's orientation. That said, in reality, sometimes the other parent might try to raise issues (for example, claiming a same-sex household is harmful, or a transgender parent is confusing the child). The court will likely need evidence of actual harm to consider those claims seriously. With the legalization of same-sex marriage and general legal trends, a parent's LGBTQ+ status is not considered a detriment. Also, issues like a parent's new same-sex partner are treated like any partner: the court cares whether that person is good with the child, has a record, etc., not their gender.

Special scenarios: One area that can arise is when a child is questioning their own gender/sexual identity and parents disagree on how to support the child – e.g., if a child might be transgender and one parent affirms and the other denies. In such cases, the court will likely consider expert opinions (therapists) on what's in the child's best interest and may allocate decision-making about healthcare (including mental health) to the parent better able to handle that need. Another scenario is if one parent transitions gender during the proceedings; the court's focus remains on parenting ability. The transitioning parent should be prepared to reassure the court that their transition will not negatively affect their care for the child and, if anything, that being true to themselves makes them a better, happier parent.

Typical outcomes: Sexual orientation or gender identity by itself does not dictate outcomes. Many LGBTQ+ parents have primary custody or shared custody across Illinois. The court might include provisions to ensure each parent respects the child's identity (for example, using a child's preferred pronouns if that's an issue between parents). If a co-parent is hostile about these issues, the court may consider that under the "ability to cooperate" and "needs of the child" factors, especially if the child is directly affected.

Internal link: Our article "LGBTQ Parents and Custody Issues in Illinois" provides more context and explains legal protections for same-sex couples, non-biological parents, etc., which can come into play.

Military Deployment

How courts handle it: Military service can complicate custody simply due to deployments or relocations. Illinois law has provisions to protect deployed parents. For instance, deployment by itself cannot be used to permanently transfer custody. Courts can issue temporary orders to accommodate a deployment, and deployed parents can appoint a substitute caregiver (like the child's grandparent or the service member's new spouse) to exercise their parenting time while they're away, under 750 ILCS 5/603.10(d) and related statutes. Also, the law recognizes that a deployment is a substantial change for modification purposes, but usually only to temporary orders unless the deployed parent won't be able to resume care.

Evidence and process: A military parent should provide the parenting plan with a military family-care plan if deployment is likely (required by factor (16) in best interests). If deployed, they often file a motion to allow a designated person to use their time (if agreeable). Communication arrangements (like video calls from overseas) are usually included so the child can remain in contact. Courts also expedite hearings if a military parent is about to be deployed or just returned (to quickly resolve custody matters before or after deployment, per some federal protections and state law to not disadvantage them for serving).

Typical outcomes: If Parent A is deployed for 6 months, Parent B will obviously have the child full-time during that period. But the court might allow Parent A's parents (the child's grandparents) some visitation if they were designated, to keep that side of family in the loop. Once the service member returns, the expectation is the prior order resumes (unless something else has drastically changed). Illinois courts strive to ensure that serving your country does not cause you to lose your rights as a parent. However, practical adjustments are necessary for the child's care during absences.

Internal link: See Custody and Military Deployment in Illinois for tips on how to handle your custody plan if you or your co-parent are in the Armed Forces, including using the protections of the Servicemembers Civil Relief Act in court proceedings.

Many other special issues can arise – from high-conflict personalities requiring parallel parenting plans, to dealing with a parent's new significant other, to unique cultural or religious disputes (e.g., one parent wants the child to follow a strict religious practice, the other does not). The guiding star in all of them remains the child's best interests. If you face a unique situation, chances are the Illinois courts (or your attorney) have seen something similar and can apply existing law with a bit of creativity to craft a fair solution.

What to Do When the Other Parent Violates Custody Orders

Sadly, not every custody order is followed to the letter. Maybe your ex is consistently late for exchanges, or outright denying you your parenting time. Perhaps they took the child out of state without permission, or won't share info like report cards. When a parent violates a court-ordered parenting plan or allocation judgment, you do have recourse. Illinois courts don't take kindly to willful violators of their orders.

Contempt of Court: The primary mechanism to enforce a custody order is through a contempt proceeding. You would file a petition (or motion) for rule to show cause, essentially telling the court that the other parent should be held in contempt for failing to obey the order. You must specify which part of the order was violated and how. For example: "On March 10, Parent A did not produce the child at the 6:00 PM exchange per the court's order, and refused to allow Parent B to have the weekend visitation." You then go to court, and the judge can issue a rule for the other parent to appear and explain why they shouldn't be held in contempt. If the judge finds the violation was willful (no good excuse), the consequences can include fines, an order to pay the other side's attorney fees, and even jail time in extreme cases (judges usually use jail as a last resort in custody cases, but it's possible).

Remedies for violation: Illinois law (750 ILCS 5/607.5) explicitly addresses enforcement. Some possible remedies the court can order:

• Make-up parenting time: If you missed time due to the other parent's interference, the court can award you additional time to compensate (for example, missed spring break week, you might get a week in summer as make-up).
• Modification of the order: If one parent repeatedly and willfully violates the schedule, the judge can modify the order to better serve the child. In extreme cases, custody (parental responsibilities) can be changed – e.g., giving the compliant parent more time or decision-making if the other's behavior shows they're not acting in the child's best interests.
• Bond/security: The court can require the violating parent to post a cash bond to ensure future compliance – they'd lose it if they violate again.
• Fines or penalties: A monetary fine payable to the court (or to the other parent) can be imposed. Also, the law often mandates the violator to pay the reasonable attorney's fees of the parent who had to bring the enforcement action, since it's not fair to burden you with costs when you're enforcing a valid order.

Police involvement: Can you call the police if your ex won't give back the child? You can, and sometimes should, if you legitimately fear for your child's safety or if it's a clear-cut case of kidnapping (like they said they'd return the child Sunday and now it's Wednesday). Police can enforce criminal laws (interference with visitation is technically a crime in Illinois, though prosecutions are rare). Often, police will perform a "wellness check" to verify the child is okay. Some officers will call or visit the other parent and strongly urge them to comply or face potential charges. However, many police departments view "visitation disputes" as civil matters and may not want to get involved without a court order explicitly commanding them. That's why having a court order with police assistance language can help (like "law enforcement is authorized to enforce this order"). Use the police sparingly; if it's a minor infraction (30 minutes late), it's not a police matter. But if your time is being totally denied, a non-emergency call to local law enforcement to document and possibly intervene could help – at least you'll have a record of the attempted exchange.

Emergency relief: If the violation is serious – for instance, you legitimately fear the other parent may harm the child or flee – you can file an emergency petition with the court. In an emergency hearing (often ex parte), a judge might temporarily modify the order or issue a pick-up order for the child. This is for true emergencies though (e.g., "I smell alcohol on my ex and they're about to drive off with our kids" or "He's threatened not to return the child at all"). In non-emergencies, stick to the regular enforcement route.

Keep your cool & documentation: It's important that you, as the parent seeking enforcement, continue to follow the order yourself. Don't retaliate by withholding the child during your time or badmouthing the other parent – that can muddy the waters. Take the high road and just document. Use a notebook or app to log every violation: date, time, what exactly happened (or didn't happen). Save texts or emails where the other parent says "I'm not bringing them back" or any evidence of their non-compliance. This will be gold in court to show the judge a pattern.

When to involve an attorney: If it's a one-time minor issue, maybe you solve it with a conversation or mediation. But if it's repeated or serious (like multiple weekends withheld), getting an attorney to file a contempt petition is wise. Not only will that likely prod the other parent into compliance (sometimes just being served papers does wonders), but if you win, the court can make them pay your legal fees. Some people hesitate, wanting to avoid more conflict. But remember, enforcing the order is standing up for your rights and your child's stability. It's the legal way to address conflict.

Also, note that Illinois law tries to avoid punishing the child for the parent's misconduct. So, for example, rather than denying the violating parent their own parenting time as punishment (which could hurt the child's time with that parent), a court prefers to grant make-up time to the wronged parent or other measures. The goal is to get everyone back on track following the plan, not to escalate the battle. However, if one parent clearly won't abide, a judge can indeed reduce their time or even change custody in the child's best interests. That's a last resort but it does happen.

Internal link: See "What Happens if I Violate a Custody Order?" for more on the consequences and why it's crucial to follow court orders, even if you disagree with them.

Your Next Steps in an Illinois Custody Case

You've made it through this comprehensive guide – well done! By now, you should have a solid understanding of how Illinois child custody laws (parental responsibility allocation) work in 2025. We've covered the terminology changes, the 13 best interest factors, modifications, relocations, parenting plans, special issues, and enforcement. It's a lot of information, so let's distill some key takeaways and action steps for you as you move forward:

• The child's best interests are the North Star: Every decision, every argument you make to the court, should be framed around what benefits your child. Keep that focus, and you'll always be on the right track.
• Illinois uses specific terms – know them: Use "allocation of parental responsibilities" for legal custody (decision-making) and "parenting time" for physical custody. Show the court you understand the law by speaking its language, but also remember these are more than buzzwords; they reflect a mindset of detailed planning and cooperation.
• Be proactive, not reactive: If you foresee an issue (job change, potential move, conflict arising), address it early. Work on a solid parenting plan, keep communication respectful, and don't violate orders even if the other side does.
• Documentation is your friend: Keep records of everything – communications with the other parent, schedules, incidents, etc. Hopefully you won't need to show a judge, but if you do, you'll be glad you have it.
• Use resources and support: Attend the required parenting class (it's mandatory in Illinois for divorcing parents – usually a short seminar on co-parenting, per Supreme Court Rule 924). Consider co-parenting counseling or use online tools if communication is tough. And lean on family or support groups as you navigate the emotional side of this process.

Many parents ask, "Do I need a lawyer?" While Illinois allows you to represent yourself (and provides resources for self-represented litigants), custody cases can get complex. If your case involves any red flags – allegations of abuse, one parent not cooperating, possible relocation, a complicated financial situation intertwined with custody, or simply high conflict – you should strongly consider consulting a seasoned family law attorney. An attorney can help you formulate a strategy, ensure you present evidence properly, and advocate for you effectively in court. Even if you ultimately settle, having legal guidance often leads to a more durable agreement.

What to expect in an initial consultation: When you meet with a family law attorney about a custody matter, they'll likely ask you to describe your situation, your goals, and any immediate concerns. They might ask about the 13 factors: Who has been the primary caregiver? Any incidents of violence? How is the child doing in school? etc. Be honest – remember, anything you tell your lawyer is confidential. A good attorney will outline potential strategies (for example, if relocation is an issue, they'll talk about the notice and petition process, or if you mentioned the other parent's drinking problem, they'll explain options like requesting supervised visits). They should also give you an overview of the timeline and costs (both financial and emotional) that a custody case might entail, whether it's negotiating a parenting plan or going to trial. You should come out of a consultation with a better understanding of your rights and a plan for moving forward. We offer free consultations, so it's an opportunity to get advice with no strings attached.

Preparing for custody litigation: If you know you're heading to court (or even mediation), start organizing now. Write a short history of your involvement with your child – from daily routines to major decisions. Gather important documents (report cards, medical records, a calendar of past parenting time if it shows something notable). Perhaps keep a journal from here on noting any issues or great moments (courts also like to hear positive involvement, not just negatives about the other side). Identify witnesses who could speak to your parenting (a teacher, coach, neighbor, family friend). And take a deep breath – resolve that you will stay child-focused and calm, even when it's tough. Judges notice the demeanor of parents in their courtroom; being the reasonable, solutions-oriented parent can only help your case.

Finally, remember that you are not alone in this process. Many parents have walked the same path. Illinois courts, despite their imperfections, strive to do what's right for kids. And there are professionals – attorneys, mediators, counselors, guardians ad litem – whose job is to help families get through these transitions. Lean on that help. Educating yourself (as you've done by reading this guide) is a powerful first step. Now, you can take the next step with confidence.

Above all, keep your focus on being the best parent you can be for your child. Custody battles are challenging, but they are a means to an end – a stable, loving arrangement for your child's future. With knowledge, preparation, and the right support, you can navigate Illinois child custody laws and come out with a plan that works for your family.

This guide is for educational purposes and is not legal advice. Every case is different, and laws can change. Consult a qualified Illinois family law attorney for advice tailored to your specific situation.

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Written by Jonathan D. Steele

Chicago divorce attorney with cybersecurity certifications (Security+, ISC2 CC, Google Cybersecurity Professional Certificate). Illinois Super Lawyers Rising Star 2016-2025.

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