Frequently Asked Questions
How do Illinois courts determine custody (parental responsibilities)?
Illinois uses the 'best interests of the child' standard under 750 ILCS 5/602.7. Courts evaluate 17 statutory factors including each parent's willingness to facilitate the child's relationship with the other parent, the child's adjustment to home and school, and the mental and physical health of all parties.
What is the difference between decision-making and parenting time?
Illinois law separates parental responsibilities into two components: decision-making (major choices about education, health, religion, and extracurriculars) and parenting time (the physical schedule). Parents can share decision-making equally while having different parenting time schedules.
Can I modify custody if circumstances change?
Yes, under 750 ILCS 5/610. You must show a substantial change in circumstances affecting the child's best interests. Common triggers include parental relocation, change in work schedule, domestic violence, substance abuse, or the child's changing needs as they age.
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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