{"id":373063,"date":"2018-04-13T00:48:54","date_gmt":"2018-04-13T05:48:54","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/illinois-law\/illinois-child-visitation-laws.html"},"modified":"2025-05-20T15:25:38","modified_gmt":"2025-05-20T20:25:38","slug":"illinois-child-visitation-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/illinois-law\/illinois-child-visitation-laws.html","title":{"rendered":"Illinois Child Visitation Laws"},"content":{"rendered":"\n
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Illinois Child Visitation Laws<\/h1>\n
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\n By Olivia Wathne, J.D.<\/a> | Legally reviewed by Catherine Hodder, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Illinois parenting time laws prioritize the child’s well-being by structuring arrangements that ensure meaningful contact with both parents. Courts allocate parenting time based on the child’s best interests, considering factors like parents’ wishes, the child’s adjustment, and any safety concerns.<\/h3>\r\n

The amount of time that a non-custodial parent or guardian is allowed to visit their child depends on many factors. In general, a court will not restrict visitation in either a joint custody<\/a> arrangement or a sole custody<\/a> situation except when it’s necessary to protect the best interests of the child<\/a>.<\/p>\r\n

Illinois courts use the term "parenting time" instead of "visitation." They also use the term "parental responsibilities" instead of "custody." This terminology is considered more appropriate for family law issues, in which determining winners and losers can be a difficult way to characterize the sensitive situations surrounding the custody of a child.<\/p>\r\n

Illinois Custody and Visitation Rights<\/b><\/h2>\r\n

In Illinois, custody and visitation arrangements are designed to prioritize the well-being of the child. The state recognizes both physical custody<\/a> and legal custody<\/a>. Physical custody determines where the child lives. Legal custody involves decision-making responsibilities for the child’s education, healthcare, and other significant aspects of their life.<\/p>\r\n

Illinois courts<\/a> may grant joint or sole custody, depending on the family’s specific circumstances. Visitation, also known as parenting time, is carefully structured to ensure meaningful contact with both parents. When parents cannot agree on a custody or visitation plan, the court will intervene to establish a fair arrangement that supports the child’s stability and development.<\/p>\r\n

Illinois Child Visitation Laws at a Glance<\/b><\/h2>\r\n

There’s value to reading the literal language in a statute. However, it may be more helpful to see the statute in plain English. The chart below provides you with an overview of the parenting time laws in Illinois.<\/p>\r\n\r\n

Illinois Child Visitation Statutes<\/b><\/p>\r\n<\/th>\r\n

Illinois Statutes Chapter 750:<\/p>\r\n

When a Court May Restrict Parenting Time<\/b><\/p>\r\n<\/th>\r\n

Courts will allocate parenting time according to the child’s best interests. Unless the parents present a mutually agreeable parenting plan<\/a> that is approved by the court, the court will decide the terms. Both parents are presumed fit unless proven otherwise.<\/p>\r\n

Courts will not restrict parenting time unless there is a preponderance of evidence that a parent’s exercise of parenting time would seriously endanger the child’s physical, mental, and emotional health.<\/p>\r\n<\/td>\r\n<\/tr>

Factors Considered in Determining a Child’s "Best Interest"<\/b><\/p>\r\n<\/th>\r\n

A court will look to several factors when determining how to act in a child’s best interests, including:<\/p>\r\n