If you only remember one point about child custody and parenting time in Illinois, remember this: Illinois uses Significant decision-making responsibility (legal) and parenting time (physical).. Allocation of parental responsibilities is based on the child’s best interests under § 602.5 / § 602.7 factors, including wishes, needs, prior caretaking, and domestic violence. No automatic 50/50 presumption; courts allocate decision-making and parenting time to serve best interests and maximize the child’s relationship with both parents when safe. Procedure, examples, and the opinions below hang off 750 ILCS 5/602.5 to 5/603.10. Relocation: A parent seeking to relocate must follow § 609.2 notice and distance rules (generally 25–50 miles depending on county) and may need court approval if the other parent objects. Modification: A substantial change of circumstances is required to modify an allocation judgment.
Relocation with a child
A parent seeking to relocate must follow § 609.2 notice and distance rules (generally 25–50 miles depending on county) and may need court approval if the other parent objects.
Walking through Illinois facts
Use this walkthrough to see which Illinois authority does the work at each step.
Two parents in Illinois disagree about where the child lives during the school week, and one wants to move.
- Use the labels Illinois actually uses: Significant decision-making responsibility (legal) and parenting time (physical)..
- Apply the best-interests factors: Allocation of parental responsibilities is based on the child’s best interests under § 602.5 / § 602.7 factors, including wishes, needs, prior caretaking, and domestic violence.
- Check any parenting presumption: No automatic 50/50 presumption; courts allocate decision-making and parenting time to serve best interests and maximize the child’s relationship with both parents when safe.
- If a move is proposed: A parent seeking to relocate must follow § 609.2 notice and distance rules (generally 25–50 miles depending on county) and may need court approval if the other parent objects. Later changes follow: A substantial change of circumstances is required to modify an allocation judgment.
Parenting plans are filed early. Mediation is often required. Temporary parenting-time orders stabilize the case. Final allocation judgments specify decision-making and parenting time.
Modifying a Illinois custody order
A substantial change of circumstances is required to modify an allocation judgment.
How custody cases typically move in Illinois
Parenting plans are filed early. Mediation is often required. Temporary parenting-time orders stabilize the case. Final allocation judgments specify decision-making and parenting time.
Related Illinois guides
Case law: custody and parenting time in Illinois
In Re E.B. Et Al. (The People of the State of Illinois, Appellant, v. Phyllis B., Appellee)
…nce it exposed them to physical harm. Following a temporary custody hearing, the Department of Children and Family Services (DCFS) was awarded temporary custody and the children were placed in a relative’s home. In January 2006, the State filed an amended petition. In this petition, the State removed the allegations of abuse and neglect and alleged, instead, that the children w…
Illinois opinions such as In Re E.B. Et Al. (The People of the State of Illinois, Appellant, v. Phyllis B., Appellee) are cited where child custody is disputed. The court stated: "Following a temporary custody hearing, the Department of Children and Family Services (DCFS) was awarded temporary custody and the children were placed in a relative’s home. In January 2006, the State filed an amended petition." That is the language to brief; the rest of the decision supplies the procedural posture.
VINCENT FISHER, Appellee, v. JILL WALDROP, Appellant
VINCENT FISHER, Appellee, v. JILL WALDROP, Appellant, 221 Ill. 2d 102 (2006)
…n County entered an order to that effect. The court awarded custody of Callie to Waldrop, but also set forth an extensive and detailed visitation schedule for Fisher. In its order, the court “decline [d] to impose geographic restrictions on Jill’s choice of residence.” In its order disposing of both parties’ motions for reconsideration, the'court specified that “[i]n the event…
Practitioners open VINCENT FISHER, Appellee, v. JILL WALDROP, Appellant when Illinois child custody turns on the distinction in this sentence: "County entered an order to that effect. The court awarded custody of Callie to Waldrop, but also set forth an extensive and detailed visitation schedule for Fisher. In its order, the court “decline [d] to impose geographic restrictions on Jill’s choice of residence." Do not lift it out of the facts the court was deciding.
In Re MARRIAGE OF EDWARD T. RICKETTS, Petitioner-Appellee, and DENISE A. RICKETTS, Respondent-Appellant
…opinion of the court: The trial court terminated the joint custody arrangement of the minor child of the parties, A.R., and awarded sole custody to the father, petitioner, Edward Ricketts. The trial court also ordered the respondent, the mother, Denise Ricketts, to pay support for the child in the amount of $1,124 per month. Denise appeals. We affirm. Edward Ricketts and Denis…
In Re MARRIAGE OF EDWARD T. RICKETTS, Petitioner-Appellee, and DENISE A. RICKETTS, Respondent-Appellant is worth reading on Illinois child custody because the court put the point in its own words: "The trial court terminated the joint custody arrangement of the minor child of the parties, A.R., and awarded sole custody to the father, petitioner, Edward Ricketts." Use that passage as the starting point, then read the facts that precede it.
MARIA MONTGOMERY, Plaintiff-Appellant, v. OLA ROUDEZ, Defendant-Appellee
…rom a decision of the circuit court of Cook County awarding custody of her son, Anthony Montgomery a/k/a Rodney (hereinafter Anthony), to nonparent defendant, Ola Roudez, pursuant to the Illinois Marriage and Dissolution of Marriage Act (IMDMA) (Ill. Rev. Stat. 1983, ch. 40, par. 101 et seq). On appeal, plaintiff argues that (1) the trial court applied an incorrect standard in…
Practitioners open MARIA MONTGOMERY, Plaintiff-Appellant, v. OLA ROUDEZ, Defendant-Appellee when Illinois child custody turns on the distinction in this sentence: "Cook County awarding custody of her son, Anthony Montgomery a/k/a Rodney (hereinafter Anthony), to nonparent defendant, Ola Roudez, pursuant to the Illinois Marriage and Dissolution of Marriage Act (IMDMA) (Ill. Rev. Stat. 1983, ch. 40, par. 101 et seq)." Do not lift it out of the facts the court was deciding.
James L. Pratt, Plaintiff and Counterdefendant-Appellee, v. Constance S. Pratt, Defendant and Counterplaintiff-Appellant
…he parties separated on June 20, 1973, with the wife having custody of the child. On August 21, 1973, the husband filed a complaint for divorce based upon allegations of mental cruelty and adultery by the wife. On that same date he filed a petition for temporary custody of the child, and the court granted this petition on September 28, 1973. The husband was awarded a divorce as…
James L. Pratt, Plaintiff and Counterdefendant-Appellee, v. Constance S. Pratt, Defendant and Counterplaintiff-Appellant is worth reading on Illinois child custody because the court put the point in its own words: "June 20, 1973, with the wife having custody of the child. On August 21, 1973, the husband filed a complaint for divorce based upon allegations of mental cruelty and adultery by the wife." Use that passage as the starting point, then read the facts that precede it.
Myrna A. Braunfeld Golden, Plaintiff-Appellant, v. Peter George Braunfeld, Defendant-Appellee — Trapp, J., dissenting
…APP dissenting: It is oft repeated that in matters of child custody the “guiding star” is and must be at all times the best interests of the child. (Nye v. Nye, 411 Ill. 408, 105 N.E.2d 300.) This case suggests and illustrates that the unconsidered application of a rule of res judicata that requires a showing of altered or changed circumstances since the date of decree fixing c…
On child custody, Myrna A. Braunfeld Golden, Plaintiff-Appellant, v. Peter George Braunfeld, Defendant-Appellee — Trapp, J., dissenting speaks to the Illinois dispute in this passage: "APP dissenting: It is oft repeated that in matters of child custody the “guiding star” is and must be at all times the best interests of the child. (Nye v. Nye, 411 Ill. 408, 105 N.E.2d 300." The surrounding opinion shows how the court applied that language to the record.
Key takeaways
- Best-interests standard: Allocation of parental responsibilities is based on the child’s best interests under § 602.
- Labels used in Illinois: Significant decision-making responsibility (legal) and parenting time (physical)..
- Parenting-time posture: No automatic 50/50 presumption; courts allocate decision-making and parenting time to serve best interests and maximize the child’s relationship with both parents when safe.
- Relocation: A parent seeking to relocate must follow § 609.
- Modification: A substantial change of circumstances is required to modify an allocation judgment.
- Primary authority: 750 ILCS 5/602.5 to 5/603.10.
Best-interests factors in Illinois
Allocation of parental responsibilities is based on the child’s best interests under § 602.5 / § 602.7 factors, including wishes, needs, prior caretaking, and domestic violence.
Legal custody, physical custody, and parenting time
Significant decision-making responsibility (legal) and parenting time (physical).
No automatic 50/50 presumption; courts allocate decision-making and parenting time to serve best interests and maximize the child’s relationship with both parents when safe.
Frequently asked questions
What does Illinois call “custody”?
Significant decision-making responsibility (legal) and parenting time (physical).
Can I move out of state with my child?
A parent seeking to relocate must follow § 609.2 notice and distance rules (generally 25–50 miles depending on county) and may need court approval if the other parent objects.
How do I change an existing custody order in Illinois?
A substantial change of circumstances is required to modify an allocation judgment.
This guide covers Illinois custody law as of 2026. Verify the live statute and any local parenting-time guidelines before relying on this summary.