By Olivia Wathne, Esq. | Legally reviewed by John Mascolo, Esq. | Last reviewed May 07, 2024
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Divorce or separation is never easy, especially if it involves having to make decisions about child custody and child support.
Married or unmarried parents may resolve these matters privately, with or without the help of lawyers or a mediator. But if the parties can't reach a private resolution, any party can seek court intervention and file a petition to allocate parental responsibilities. State laws govern child custody issues.
Illinois calls its child custody "allocation of parental responsibilities." The state's child custody laws address various matters related to child custody. This includes decision-making (legal custody), parenting time (physical custody), and the procedure for petitioning for child custody.
Read on for more information about child custody laws and your parental rights in a child custody case in Illinois.
In Illinois, child custody laws recognize several custody arrangements that divide parental responsibilities. These arrangements aim to focus on the child's physical health and well-being. These arrangements will include legal custody (decision-making responsibilities) and physical custody (allocation of parenting time).
Legal custody determines who can make important decisions about the child's upbringing, such as education and health care. Physical custody is the parenting time each parent will have. It may include designating a primary home for the child.
Joint custody, legal and physical, entails shared decision-making and living arrangements between parents. This fosters ongoing involvement from both parties.
Sole custody grants one parent exclusive decision-making authority or primary residential custody.
The child custody procedure in Illinois follows a structured process within the domestic relations or family court system. The ultimate goal is to make determinations that serve the best interests of the child.
The court process begins with a custody petition filed by one or both parents, initiating legal proceedings. Then, the family court may schedule hearings or mediation sessions to ease discussions and reach agreements about custody and parenting time.
If the parents agree on child custody, the court may adopt the agreement as a court order. If parents can't agree, the case will proceed to a court hearing where each side presents evidence (witnesses and exhibits). The court will then issue an order based on its findings.
Illinois courts may consider several factors in determining custody to achieve an outcome consistent with the child's best interests. This may include the child's wishes or preferences, the parents' ability to encourage and support the child's relationship with the other parent, the child's adjustment to their living situation, the needs of the child, and any history of domestic violence or child abuse by a parent.
A court order for custody outlines legal and physical custody arrangements, including which parent's address will be used for school. It also outlines a parenting schedule for the parties. It may include the adoption of a proposed parenting plan. It will divide financial responsibilities on child support, health insurance, and out-of-pocket health care costs. It may address who pays for the child's extra-curricular activities.
While reading the actual statutes is essential, it can often help to get a summary of the law. Below, you can find basic information about child custody procedures under Illinois law and links to relevant statutes.
| Relevant Illinois custody statute(s) | Illinois Statutes Chapter 750
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|---|---|
| How to petition for child custody | A parent can begin a proceeding for child custody in court by:
A person who is not the child's parent can file a petition for custody in the county where the child is a permanent resident or is found, but only if the child isn't in the physical custody of one of their parents. It's also possible for a step-parent to file a petition for child custody, but only if they meet all the following conditions:
If one parent has died, the parent or step-parent of the dead parent (which would be the child's grandparent) can file a petition if, at the time when the parent died, the surviving parent:
*See the statute for the specific criminal offenses that pertain to this subsection. |
| Timeline for child custody petitions | The person who begins the action for child custody must serve a written notice and copy of the petition to the person with child custody (and anyone else with a pending motion for custody) at least 30 days before any hearing. |
| Related statute(s) | Illinois Statutes Chapter 750:
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Disclaimer: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.
If you're interested in more information related to this topic, you can visit these links:
It can be difficult to determine custody of the child, especially when working with a soon-to-be ex with whom you're not on the best of terms. For this reason, it can help to speak with an experienced child custody lawyer or family law attorney in Illinois. An attorney well-versed in the state's child custody procedure can help you achieve the best outcome for you and your child.
Contact a qualified attorney.
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