How Do Illinois Divorce Courts Decide Child Custody?

March 24th, 2025 by Tiffany Hughes

Divorce is a complex and emotionally challenging process, particularly when children are involved. Among the myriad of issues that need resolution, the allocation of parental responsibility and parenting time (formerly known as “child custody”) stands out as one of the most sensitive and significant. When it comes to determining parenting time and child custody in Illinois, the court’s primary focus is always the child’s best interests. However, the process and factors considered in determining child custody in Illinois can vary from case to case. Let’s delve into how divorce courts decide parenting time and child custody in Illinois.

What are the Types of Custody?

In Illinois, child custody is divided into two main categories: legal custody and physical custody.

1. Legal Custody: This refers to the authority to make important decisions about the child’s upbringing, including matters related to education, healthcare, and religion.
2. Physical Custody: This involves where the child will physically reside and spend their time, also known as parenting time.

What Factors are Considered by Illinois Courts to determine custody?

Child’s Best Interests: The overarching principle guiding child custody decisions is the child’s best interests. Illinois law outlines several factors that courts consider when determining what arrangement would best serve the child’s physical, emotional, and developmental needs. In some cases, a Guardian Ad Litem, Child Representative, or Attorney for Child will be appointed to represent the child’s best interests or the child’s wishes and present them to the Court.

1. Child’s Wishes: Depending on the child’s age and maturity level, the child’s wishes and preferences may be taken into account, though the ultimate decision remains with the court.
2. Parenting Abilities: The court evaluates each parent’s ability to provide for the child’s needs, including their willingness to foster a healthy relationship between the child and the other parent.
3. Stability and Continuity: Courts typically prefer to maintain stability and continuity in the child’s life, which may involve considering factors such as the child’s current living situation, school, and community ties.
4. Co-Parenting Relationship: The willingness of each parent to support the child’s relationship with the other parent and their ability to cooperate in making decisions regarding the child’s upbringing are crucial factors.
5. History of Domestic Violence or Substance Abuse: Any history of domestic violence, substance abuse, or other factors that may endanger the child’s well-being will significantly influence child custody decisions.

What Types of Custody Arrangements are There?

In Illinois, child custody arrangements can take various forms, including:

1. Sole Custody: One parent has the legal custody of the child, which means that they can make any and all major decisions about the child’s upbringing, including matters related to education, healthcare, and religion. Even when one parent has sole custody, the other parent may be awarded parenting time.
2. Joint Custody: Both parents share legal custody of the child, and physical custody can be joint (shared) or sole (primary) for each parent depending on what parenting time is awarded to each parent based on the child’s best interests.

Can you Mediate Issues relating to Parenting Plans?

Absolutely. In many cases, Illinois courts encourage parents to reach a child custody agreement through mediation or negotiation outside of court. If parents can agree on a parenting plan that serves the child’s best interests, the court will typically approve it.

Navigating child custody proceedings in Illinois divorce courts can be challenging, but understanding the factors involved and working with experienced legal counsel can help parents achieve outcomes that prioritize the well-being of their children. By focusing on the child’s best interests and fostering cooperative co-parenting relationships, parents can lay the foundation for a stable and nurturing environment post-divorce. Remember, while the legal process is important, the emotional needs of the child should always remain paramount.

Need More Information or Representation?

If you are filing for a divorce or are seeking joint or sole custody of your children, give The Law Office of Tiffany M. Hughes, P.C. a call today at 773-893-0228 for a confidential, complimentary 30-minute phone consultation or email Tiffany Hughes directly at Tiffanyhughes@thugheslaw.com. Our entire practice is solely dedicated to the area of family law. We are highly experienced in providing legal representation to anyone who is filing for a divorce, seeking child custody in Illinois based on the child’s best interests and/or the child’s wishes, need assistance in mediation on parenting time, parental responsibilities, or other co-parenting issues, want to know more about the types of custody, factors that are considered by Illinois courts to determine custody, or wanting a fair deal in their divorce negotiations regarding child custody or parenting time.

      About Tiffany M. Hughes, Divorce Attorney, Principal, Managing Partner, The Law Office of Tiffany M. Hughes, P.C.:

Tiffany M. Hughes is a divorce attorney and Managing Partner of The Law office of Tiffany M. Hughes. Recognized as a Top 100 Lawyer in Lawyers Magazine in 2018 and 2019, Super Lawyer from 2016 to date, and in addition to numerous other accolades, Ms. Hughes represents individuals in all aspects of family and matrimonial law proceedings, including litigation, mediation, allocation of parental responsibility (formerly known as custody), parentage, divorce and other child-related matters.

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This blog is made available by The Law Office of Tiffany M. Hughes, P.C. for educational purposes only as well as to give you general information and a general understanding of Illinois law, not to provide specific legal advice. By using this website you understand that there is no attorney client relationship between you and The Law Office of Tiffany M. Hughes, P.C. The website should not be used as a substitute for competent legal advice from a licensed professional attorney in Illinois.  The law changes constantly and we do not go back in time to edit old posts that may be affected by these changes.  If you have any questions about Illinois law, which is the only State this blog and website discusses, please call The Law Office of Tiffany M. Hughes, P.C. for a complimentary phone consultation and do not draw any legal conclusions without speaking to a competent attorney in Illinois first.