Child Custody Laws in Illinois

Illinois uses the terms 'allocation of parental responsibilities' (decision-making on education, health, religion and activities) and 'parenting time' instead of custody. Both are decided by the child's best interests. Both parents are presumed fit, and the court will not restrict parenting time unless it would seriously endanger the child. Factors include each parent's wishes, the child's wishes (taking into account the child's maturity), each parent's caretaking in the prior 24 months, the child's relationships and adjustment, health, distance between homes, violence or abuse, and each parent's willingness to support the child's relationship with the other parent. No specific age is set for the child's preference. Parents may submit an agreed parenting plan.

Before a final judgment, a court may order a temporary allocation of parental responsibilities (custody) in the child's best interests, after a hearing or, if no one objects, based on a parenting plan; it may also allow a temporary relocation of the child. Under the interstate custody law, an Illinois court has temporary emergency jurisdiction if the child is present in Illinois and has been abandoned, or emergency action is needed to protect the child because the child, a sibling or a parent is being mistreated or abused or threatened with it.

The statewide divorce instructions say parents with minor children must complete a court-approved class about parenting and divorce; the Circuit Clerk can provide the name of the approved class. There is normally a fee, which is waived if you have a fee waiver order. By statute, the court may order parents to attend an educational program on the effects of divorce on children of up to 4 hours total.