How does child custody work in Illinois divorces?

Walter Jackowiec, Illinois managing attorney | Marble Law

Walter Jackowiec III

Illinois managing attorney at Marble Law

Published January 2, 2025 · 3 min read

Key Takeaways

The bottom line for child custody in Illinois divorces is: What is in the child’s best interest?
If the divorcing parents negotiate and reach an agreement on parenting time and custodial responsibilities, they may present their agreement to the judge for approval.
If the parents can’t reach an agreement on their own, the court makes a decision based on factors such as: the child’s age, each parent’s health and wellbeing, each parent’s ability to provide for the child’s needs and how well the parents can cooperate with one another.
When necessary, the courts appoint a guardian ad litem (GAL) to investigate the child’s involvement with each parent, their activities and school progress, and the parenting time requested by each parent and then report what they determine is in the best interest of the child.

In Illinois, divorcing parents may negotiate their own terms for parenting time and custodial responsibilities. If they choose to go this route and can reach an agreement, they include this in their divorce settlement agreement and present it to a judge. If the judge deems that the parents’ agreement is in the best interest of the child, they typically approve the agreement, legally signing it into effect.

A parent holding a child in a field, pointing at the sunset.

On the other hand, if the parents cannot come to an agreement, the court will make the decision on their behalf. Illinois courts take a number of factors into account when deciding child custody, including:

The child’s age and development
The health and well being of each parent
The child’s preference
The parents’ ability to provide for the child’s needs
Each parent’s financial resources, bank accounts or real estate
The parents’ capacity to cooperate with each other
Retirement accounts
The impact of any abuse on the child or family

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Overall, the court focuses on the best interest of the children when determining child custody in an Illinois divorce. The court also considers both parents’ wishes and will take into account the relationship between each parent and child, as well as who can provide the best possible environment for the child. It’s important to note that joint custody isn’t always granted in an Illinois divorce, and the court has the ultimate decision-making power when it comes to deciding the amount of parenting time each parent will have with their children.

Illinois courts require that the parties enter into an allocation judgment that deals with primary residency, parenting time and decision making for the parties. If the parties can’t work these out, the court requires them to go to mediation. If this doesn’t work, the courts appoint a guardian ad litem (GAL), a neutral person. The GAL performs an investigation into both parents’ work schedules, the child’s involvement with each parent, their activities and school progress, and the parenting time requested by each parent. Then they make a report to the court about what they determine is in the child’s best interest.