Navigating child custody matters can be a highly emotional and legally complex process. For parents in Illinois, understanding how custody — now legally defined as allocation of parental responsibilities and parenting time — is determined under current law is essential.

This 2025 guide explains key statutes, best practices, and important considerations for parents involved in the process, as well as how Weiss Ortiz supports families every step of the way.

Legal Framework for Child Custody in Illinois

Illinois law no longer uses the terms “custody” and “visitation.” Instead, the relevant statutes refer to allocation of parental responsibilities (which covers decision-making authority) and parenting time (formerly “visitation”).

This terminology emphasizes a child-centered approach, with the court evaluating the child’s best interests when allocating responsibilities and time.

Statute 750 ILCS 5/602.7 provides that the court shall allocate parenting time in accordance with the child’s best interests and outlines factors such as each parent’s caretaking functions, the child’s adjustment to home, school, and community, and the mental and physical health of all persons involved.

Under 750 ILCS 5/602.10, all parents — within 120 days after filing a petition for allocation of parental responsibilities — must submit a proposed parenting plan.
If the parents cannot agree on such a plan, the court may order mediation and proceed with an evidentiary hearing.

Because of these deadlines and procedural requirements, timely legal support is critical to avoid delays and ensure the plan is developed in the child’s best interest.

What the Court Considers

When making decisions regarding allocation of parental responsibilities or parenting time, Illinois courts evaluate multiple factors under §602.7. These include:

• The wishes of each parent and the child (if mature enough).
• The amount of time each parent spent performing caretaking functions in the 24 months preceding the petition.
• The child’s adjustment to home, school, and community.
• The distance between parents’ residences and the ease of transportation.
• Whether placing restrictions on a parent’s time is necessary due to endangerment to the child’s physical, mental, moral, or emotional health.

Additionally, parental conduct that does not affect the parent-child relationship should not be used as grounds to restrict parenting time.

Why Legal Representation Matters

Because the law requires precise documentation, filing deadlines, and well-drafted parenting plans, having experienced counsel can make a significant difference.

At Weiss Ortiz, we help parents:

• Understand how the statutes apply to their unique circumstances.
• Develop a comprehensive parenting plan that addresses decision-making, parenting time, and dispute resolution.
• Navigate interstate issues or relocation requests.
• Respond to modifications when significant changes in circumstances occur.

Our goal is to protect your rights and support your child’s best interests throughout the process.

Additional Support for Clients

We understand that certain families may face additional challenges in accessing legal services.

For our Latino clients who may feel unsafe leaving their homes due to immigration enforcement concerns, we provide telephone, video, and in-home consultations to ensure you receive legal support in a safe environment.