Illinois Custody and Parenting Plans

Illinois replaced traditional "custody" terminology with "allocation of parental responsibilities" under the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5/602). Whether you're filing for divorce or establishing parentage, creating an effective parenting plan means understanding how Illinois courts allocate decision-making authority and parenting time.

This comprehensive guide walks you through Illinois's parenting laws, mandatory mediation and education requirements, the 146-overnight threshold for shared care, and step-by-step guidance for building a court-compliant parenting plan that serves your child's best interests.

Illinois Parenting Terminology

Since 2016, Illinois uses specific legal terms that differ from traditional "custody" language:

• Allocation of parental responsibilities: The overall framework covering both decision-making and parenting time
• Significant decision-making: Authority over major life decisions (replaces "legal custody")
• Parenting time: The schedule for when the child is with each parent (replaces "physical custody" and "visitation")
• Parenting plan: The required written document outlining all parenting arrangements

Significant Decision-Making Authority

Under 750 ILCS 5/602.5, significant decision-making covers four major areas:

1. Education: School selection, special education services, tutoring
2. Health: Medical treatment, therapy, medications, healthcare providers
3. Religion: Religious upbringing and training
4. Extracurricular activities: Sports, clubs, lessons, camps

Courts may allocate these responsibilities jointly (both parents decide together), solely to one parent, or divide them by category (e.g., one parent decides education, the other decides extracurriculars).

Best Interest Factors for Parenting Time

Under 750 ILCS 5/602.7, courts allocate parenting time according to the child's best interests. It is presumed both parents are fit, and courts cannot restrict parenting time unless a parent's exercise would seriously endanger the child's physical, mental, moral, or emotional health.

Key Factors Courts Consider

• The wishes of each parent and the child (considering maturity)
• Time each parent spent performing caretaking functions in the 24 months before filing
• Any prior agreement or course of conduct between parents
• The child's interaction with parents, siblings, and others
• The child's adjustment to home, school, and community
• Distance between parents' residences and transportation costs
• Each parent's willingness to place the child's needs first
• Each parent's willingness to facilitate a close relationship with the other parent
• Any history of abuse, violence, or threats
• Whether a parent is a convicted sex offender

Important: Illinois presumes both parents are fit. The court cannot restrict parenting time without finding by a preponderance of evidence that it would seriously endanger the child.

Parenting Plan Requirements

Under 750 ILCS 5/602.10, each parent must file a proposed parenting plan within 120 days after service or appearance in any case involving minor children. Parents may file jointly or separately.

Required Parenting Plan Elements

• Allocation of significant decision-making: Who decides education, health, religion, and extracurriculars
• Parenting time schedule: Detailed schedule for weekdays, weekends, holidays, and school breaks
• Transportation arrangements: Who provides transportation and exchange locations
• Right of first refusal: Whether a parent must offer the other parent childcare before using third parties
• Communication provisions: Methods and frequency of parent-child communication during the other's parenting time
• Relocation provisions: Notice requirements if a parent intends to move
• Dispute resolution: How disagreements will be resolved (mediation, parenting coordinator, etc.)

Need a Custom Parenting Schedule?

The calculator above helps you explore different arrangements. For a comprehensive analysis covering Illinois's 146-overnight threshold, decision-making allocation, and child support implications, get your full Illinois parenting plan analysis here.

The 146-Overnight Threshold

Illinois uses 146 overnights (40% of the year) as the threshold for "shared physical care" in child support calculations. This distinction significantly affects financial obligations:

• Below 146 overnights: Standard child support calculation applies
• 146+ overnights each parent: Shared care formula applies—the Basic Child Support Obligation is multiplied by 1.5 to account for duplicated household expenses, then cross-credited based on income shares and time percentages
• Split care (different children with different parents): Two worksheets are calculated and offset

This makes reaching or exceeding 146 overnights a significant consideration in parenting negotiations.

Mandatory Mediation and Parenting Education

Illinois requires specific steps when parenting issues are contested:

Mandatory Mediation (Rule 905)

Under Illinois Supreme Court Rule 905, courts must refer contested parenting time and decision-making issues to mediation unless an impediment exists (such as domestic violence or safety concerns). Each circuit establishes its own mediation program.

Parenting Education (Rule 924)

Under Rule 924, each circuit must approve a 4-hour parenting education class. Parents must complete this class as soon as possible, but no later than 60 days after the initial case management conference, unless excused for good cause. In Cook County, the program is called "Focus on Children."

Domestic Violence and Parenting

Illinois takes domestic violence seriously in parenting cases. Under the Illinois Domestic Violence Act (750 ILCS 60):

• Mediation exception: Courts will not order mediation when domestic violence is present
• Restriction authority: Courts may restrict parenting time if it would seriously endanger the child
• Orders of protection: Can include provisions about custody and parenting time
• Factor in best interest analysis: Any history of abuse is a significant factor

When Children Can Express Preferences

Illinois courts consider "the wishes of the child, taking into account the child's maturity and ability to express reasoned and independent preferences." Key points:

• No specific age threshold: Illinois does not set a fixed age when a child's preference controls
• Maturity-based assessment: Courts evaluate whether the child can express a reasoned preference
• One factor among many: The child's preference is considered but not determinative
• Independent preference: Courts look for preferences not unduly influenced by either parent

Child Support and Parenting Time

Your parenting time arrangement directly affects child support. Illinois uses the Income Shares model under 750 ILCS 5/505, with schedules updated annually (most recently effective March 5, 2025). Key features:

• Combined net income range: 2025 schedule covers $875 to $26,724.99 monthly
• Minimum order: $40/month per child (max $120 total) for obligors at or below 75% of federal poverty guidelines
• Shared care adjustment: 1.5x multiplier when each parent has 146+ overnights
• Add-ons: Childcare, health insurance, and extraordinary expenses allocated by income shares

Modifying Parenting Orders

Under 750 ILCS 5/610.5, modification standards differ by type:

• Decision-making changes (within 2 years): Requires proof of serious endangerment or parental stipulation
• Parenting time changes: May be modified upon a showing of changed circumstances serving the child's best interests — check if you qualify
• Relocation: Requires notice and sometimes court permission under 750 ILCS 5/609.2
• Agreed modifications: Parents can stipulate to changes at any time

Key Takeaways

• Allocation of parental responsibilities: Illinois term replacing "custody"
• 120-day deadline: Parenting plan must be filed within 120 days of service/appearance
• Four decision-making areas: Education, health, religion, extracurriculars
• Both parents presumed fit: Restrictions require proof of serious endangerment
• 146-overnight threshold: Triggers shared care child support calculation
• Mandatory mediation: Required for contested parenting issues (Rule 905)
• 4-hour parenting class: Required within 60 days of case management conference (Rule 924)
• Best interest standard: All allocations based on child's best interests under 750 ILCS 5/602.7

For general information about divorce processes, see our guide to fault vs. no-fault divorce. For help organizing your case, review our divorce document checklist.