What to Expect from Child Custody Laws in Illinois if You’re Filing for Divorce

 Posted on July 21, 2026 in Child Custody

If you are filing for divorce with children, you are probably worried about where they will live, how often you will see them, and who will make important decisions for them. These are normal concerns, especially if you and your spouse are already fighting about your kids.

Every divorce is different, but the law in Illinois makes the goal the creation of an arrangement that protects the children’s best interests while allowing both parents to remain involved. Our Naperville child custody attorneys can explain what the court will consider in your 2026 divorce and help you create a parenting plan that fits your family.

Illinois Uses "Parental Responsibilities" Instead of Custody

People still commonly use the words "custody" and "visitation," but Illinois law now refers to:

• Significant decision-making responsibilities

• Parenting time

Decision-making responsibility determines who has authority over major parts of a child’s life. Under 750 ILCS 5/602.5, these decisions mostly involve education, health care, religion, and extracurricular activities.

The court may divide decision-making responsibilities between parents. For example, both parents might make medical decisions together, while one parent has final responsibility for education. 

Parenting time refers to when each parent is responsible for caring for the child. It includes ordinary daily decisions, such as meals, bedtime, homework, and activities during that parent’s scheduled time.

Will an Illinois Court Automatically Split Parenting Time Equally?

Illinois law does not guarantee every parent an exact 50/50 schedule. Under 750 ILCS 5/602.7, the court must divide parenting time according to the child’s best interests. A judge may approve equal parenting time, but only when that arrangement works for the particular child and family.

The court generally starts with the understanding that both parents are fit. Parenting time is not restricted unless the court finds that it would seriously endanger the child.

Creating a Parenting Plan in Your Illinois Divorce 

A parenting plan is a detailed written agreement explaining how you and your former spouse will raise your children after the divorce. Parents must generally submit a proposed parenting plan within 120 days after a petition involving parental responsibilities is served or filed. You may submit one agreed plan together, but if you cannot agree, each parent may file a separate proposal.

The court wants to see parents work together whenever possible to create a parenting plan and will only step in to intervene if parents don’t succeed. 

A complete parenting plan may address:

• The regular weekly schedule

• Holidays and school vacations

• Transportation and exchanges

• Major decision-making authority

• Communication with the children

• Access to school and medical records

• How future disagreements will be handled

• Whether either parent has a right of first refusal for childcare

The more clearly these issues are addressed, the less room there is for arguments later.

What Happens if You and Your Spouse Cannot Agree?

Many parents settle custody issues through negotiation or mediation. Reaching an agreement gives your family more control and may reduce the stress, cost, and hostility of divorce.

If you cannot agree, the judge will hear evidence and decide for you. In a highly disputed case, the court may appoint a guardian ad litem or another professional to investigate and make recommendations about the children’s best interests.

The court can also enter temporary orders while the divorce is case is ongoing. These orders can decide where the children stay, when each parent sees them, and who makes decisions until the case is finished.

How Does an Illinois Judge Decide What Is Best for the Child in a Divorce or Custody Case?

The court looks at the whole family situation rather than focusing on one fact when making decisions about child custody. Important factors include: 

• Each parent’s relationship with the child

• How much caretaking each parent has performed

• The child’s adjustment to home, school, and the community

• The parents’ ability to cooperate

• The distance between the parents’ homes

• Each parent’s work schedule

• The physical and mental health of everyone involved

• Any history of abuse or violence

• Whether either parent tries to damage the child’s relationship with the other

• The child’s wishes, depending on the child’s age and maturity

The court generally does not care about conduct that has no effect on parenting. For example, the reasons why the marriage ended usually will not affect custody unless that conduct also affects the children’s safety or well-being.

Call a Naperville, IL Child Custody Attorney

The experienced Will County, IL divorce attorneys at Fay & Farrow work closely with families to create solutions that protect their children during divorce. As one of the longest-standing local law firms, we understand the courts, communities, and families we serve. We offer free consultations so you can learn what to expect and begin making informed decisions.

Call 630-961-0060 today.