Child Custody in Illinois
State-specific overview · Family Law
Illinois presumes joint custody is in the child's best interest unless evidence shows otherwise.
How Illinois treats Child Custody
Illinois courts favor joint custody arrangements that give both parents significant parenting time and decision-making authority. The state uses a best-interests analysis that weighs factors such as each parent's wishes, the child's adjustment to home and school, and the quality of each parent's relationship with the child. Illinois courts may award sole custody if joint custody would harm the child or if one parent cannot adequately care for the child.
The general definition of Child Custody
A court's decision about which parent has the right to care for and make decisions for a child.
Child custody refers to the legal authority to care for a child and make important decisions about their upbringing, including where they live, their education, and their medical care. Courts can award sole custody to one parent or joint custody to both parents. The court's primary concern is always the best interests of the child, considering factors like each parent's relationship with the child, stability, and the child's own preferences if they're old enough. Custody is separate from visitation rights, which allow a non-custodial parent to spend time with the child.
Read the full Child Custody entry →This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in Illinois.