Child Custody in Illinois: How Courts Decide in the Northwest Suburbs

When parents in Schaumburg, Arlington Heights, or Des Plaines separate or divorce, one of the most pressing questions is: what happens to the children? Who makes decisions about their education and healthcare? How is parenting time divided?

Illinois law has a clear framework for answering these questions — but the details matter enormously, and the outcome of a custody dispute can shape a child's life for years. This guide explains how Illinois courts approach child custody decisions and what northwest suburban families need to know.

Illinois Uses the Term "Parental Responsibilities," Not "Custody"

Illinois replaced the traditional "custody" and "visitation" terminology in 2016 when it overhauled its family law statutes. Today, the law refers to two distinct concepts:

• Allocation of parental responsibilities: Who has the authority to make major decisions about the child's life — including education, healthcare, religion, and extracurricular activities.
• Parenting time: The schedule that determines when each parent has the child in their care.

These two issues are separate and can be allocated differently. For example, parents might share decision-making authority equally while one parent has the majority of parenting time.

The Best Interests of the Child Standard

Every custody decision in Illinois — whether made by agreement of the parents or by a judge after a contested hearing — must be guided by the best interests of the child. This is not a vague platitude; Illinois law sets out a specific list of factors courts must consider.

Factors Courts Consider

Under 750 ILCS 5/602.7, courts evaluating parenting time look at:

1. The wishes of the child, taking into account the child's maturity and ability to express reasoned preferences
2. The wishes of the parents
3. The amount and quality of time each parent has spent with the child in the past two years
4. Any prior agreement or course of conduct between the parents regarding parenting time
5. The child's adjustment to home, school, and community
6. The mental and physical health of all parties involved
7. The willingness of each parent to facilitate a close and continuing relationship between the child and the other parent
8. Whether one parent is a sex offender or lives with a sex offender
9. The distance between the parents' residences and the cost and difficulty of transporting the child
10. Whether a restriction on parenting time is appropriate due to domestic violence, abuse, or neglect

For allocation of decision-making responsibilities, courts consider similar factors under 750 ILCS 5/602.5, with particular attention to the level of conflict between the parents and each parent's ability to cooperate in the child's best interests.

Joint vs. Sole Decision-Making

Illinois courts can allocate decision-making authority in several ways:

Joint decision-making means both parents share authority over major decisions. This does not require the parents to agree on everything — but it does require them to communicate and attempt to reach consensus. Courts favor joint decision-making when the parents have demonstrated an ability to cooperate.

Sole decision-making means one parent has final authority over some or all major decisions. Courts may award sole decision-making to one parent when the other is absent, uncooperative, or poses a risk to the child's wellbeing.

It's important to note that joint decision-making does not mean equal parenting time. The two issues are evaluated separately.

How Parenting Time Is Determined

There is no presumption in Illinois law that parenting time must be divided equally. Courts look at what arrangement will best serve the child's interests given the specific circumstances of the family.

Common parenting time arrangements in Cook County include:

• Week-on, week-off: Each parent has the child for alternating full weeks. This works well when parents live close to each other and the child's school.
• Primary residence with scheduled parenting time: The child lives primarily with one parent, and the other parent has parenting time on alternating weekends and one or two evenings per week.
• Shared parenting time: Various arrangements that divide time more evenly, such as a 5-2-2-5 schedule or a 2-2-3 rotating schedule.

For families in Schaumburg, Arlington Heights, and Des Plaines, geographic proximity to the child's school and activities often plays a significant role in determining which schedule is practical.

Parenting Plans: What Must Be Included

Illinois requires divorcing parents to submit a Parenting Plan to the court. If the parents agree, they submit a joint plan. If they cannot agree, each parent submits their own proposed plan and the court decides.

A Parenting Plan must address:

• The allocation of decision-making responsibilities (joint or sole, and for which areas)
• The parenting time schedule, including regular weekly time, holidays, school breaks, and vacations
• How the parents will communicate with each other about the child
• How disputes will be resolved
• Transportation arrangements
• Procedures for modifying the plan in the future

A well-drafted Parenting Plan reduces conflict by anticipating potential disagreements before they arise. An experienced family law attorney can help you draft a plan that protects your parental rights and serves your child's needs.

Modifying a Custody Order

Custody orders are not permanent. Either parent can petition the court to modify parenting time or the allocation of parental responsibilities if there has been a substantial change in circumstances.

Common reasons for modification requests in the northwest suburbs include:

• A parent relocating to a different city or state
• A significant change in a parent's work schedule
• A child's changing needs as they grow older
• Concerns about the child's safety or wellbeing in the other parent's home
• A parent's remarriage or new living situation

Illinois law requires a waiting period of two years before a parent can seek modification of decision-making responsibilities, with exceptions for situations involving the child's health or safety.

Relocation: A Complex Issue

If a parent with significant parenting time wants to move more than 25 miles from their current residence (for Cook County residents), they must either obtain the other parent's written consent or seek court approval.

Relocation cases are among the most contentious in family law. Courts weigh the relocating parent's reasons for moving, the impact on the child's relationship with the other parent, and whether a modified parenting schedule can preserve the child's bond with both parents.

If you are considering a move or have been notified that your co-parent intends to relocate, it is critical to consult with a family law attorney before taking any action.

Domestic Violence and Custody

When domestic violence is present, Illinois law requires courts to consider it carefully in making custody decisions. A history of domestic violence — even if it was not directed at the child — is a significant factor in the best interests analysis.

Courts may impose restrictions on parenting time, require supervised visitation, or deny parenting time entirely in cases involving serious domestic violence. If you or your children have experienced domestic violence, an attorney can help you understand the protections available to you.

Working With a Family Law Attorney in the Northwest Suburbs

Custody disputes are emotionally charged and legally complex. The decisions made during this process will affect your children for years to come. Having an experienced local attorney in your corner makes a real difference.

At Villadonga & Villadonga, our family law team represents parents in Schaumburg, Arlington Heights, Des Plaines, Mount Prospect, and throughout Cook County. We understand the local courts, the judges, and the procedures — and we are committed to protecting your parental rights and your children's wellbeing.

Whether you are going through an initial divorce, seeking to modify an existing custody order, or facing a relocation dispute, we are here to help. Contact our family law team to schedule a consultation and discuss your situation with an experienced northwest suburban attorney.