Illinois Family Court:
What You Need to Know
Last reviewed: 2026-02
Just got served? Here's your priority list.
- 1. Note the response deadline on your paperwork. Missing it can result in a default judgment.
- 2. Start documenting everything today: texts, exchanges, incidents. Timestamps matter.
- 3. Read the best interest factors below to understand what your judge will evaluate.
This information is for educational purposes only and does not constitute legal advice. Illinois family law changes frequently. Always verify current statutes and consult a licensed Illinois attorney for your specific situation.
Court System Overview
Circuit Court
Illinois handles family law matters, including the allocation of parental responsibilities, through Circuit Courts. Many circuits have dedicated Family Divisions. Cases are governed by the Illinois Marriage and Dissolution of Marriage Act (IMDMA), codified at 750 ILCS 5/600 et seq. Since the 2016 IMDMA reform, Illinois no longer uses the terms "custody" or "visitation," replacing them with "allocation of parental responsibilities" and "parenting time."
Legal Custody
Illinois replaced the concept of "legal custody" with "significant decision-making responsibility" under the 2016 IMDMA reform (750 ILCS 5/602.5). Decision-making covers four major areas: education, health, religion, and extracurricular activities. The court may allocate these responsibilities jointly to both parents or solely to one parent, depending on the child's best interests and the parents' ability to cooperate.
Physical Custody
Illinois replaced "physical custody" and "visitation" with "parenting time" (750 ILCS 5/602.7). Parenting time refers to the periods during which a parent is responsible for exercising caretaking functions and non-significant decision-making for the child. Each parent's parenting time schedule is outlined in the required parenting plan, which must address regular schedules, holidays, school breaks, and transportation arrangements.
Presumption
Illinois law presumes that both parents are fit (750 ILCS 5/602.7(a)). The court shall not place any restrictions on parenting time unless it finds, by a preponderance of the evidence, that a parent's exercise of parenting time would seriously endanger the child's physical, mental, moral, or emotional health. There is no statutory presumption favoring equal parenting time; the court allocates parenting time based on the child's best interests.
Best Interest Factors
750 ILCS 5/602.7(b); 750 ILCS 5/602.5(c)
The court evaluates the following factors when determining custody arrangements. Each factor represents an area where documented evidence can make a difference.
- 1 The wishes of each parent seeking parenting time
- 2 The wishes of the child, taking into account the child's maturity and ability to express reasoned and independent preferences
- 3 The amount of time each parent spent performing caretaking functions with respect to the child in the 24 months preceding the filing of the petition (or since birth if the child is under 2)
- 4 The interaction and interrelationship of the child with his or her parents, siblings, and any other person who may significantly affect the child's best interests
- 5 The child's adjustment to his or her home, school, and community
- 6 The mental and physical health of all individuals involved
- 7 The willingness and ability of each parent to facilitate and encourage a close and continuing relationship between the other parent and the child
- 8 Any history of physical violence or threat of physical violence by the child's parent directed against the child or another member of the child's household
Note: Section 602.7(b) lists 17 factors for parenting time, and Section 602.5(c) lists separate factors for decision-making. Both sections include a catch-all factor allowing the court to consider "any other factor the court expressly finds to be relevant." The court may not consider conduct of a parent that does not affect that parent's relationship to the child (750 ILCS 5/602.7(c)).
Every factor above is something you can document.
Evidexi helps you track evidence for each factor your court considers.
Documentation the Court Expects
Illinois courts expect organized, factual documentation tied to the best interest factors. Because the 2016 IMDMA reform emphasizes caretaking history, documenting the time each parent has spent performing day-to-day parenting tasks in the 24 months before filing is especially important. Courts favor parents who demonstrate cooperation and focus on the child's needs.
Start documenting with timestamps today.
Evidexi automatically organizes and timestamps everything for court.
Filing Process
Step by Step
- 1 Determine which county has jurisdiction (generally where the child has lived for the last 6 months under the UCCJEA)
- 2 Complete the Petition for Allocation of Parental Responsibilities (or include parental responsibilities in a Petition for Dissolution of Marriage)
- 3 Prepare the UCCJEA Affidavit detailing the child's living arrangements for the past 5 years
- 4 File forms electronically with the Circuit Court Clerk and pay the filing fee (typically around $300, or request a fee waiver if eligible)
- 5 Serve the other parent with the Summons and filed Petition through a process server or other authorized method
- 6 Submit a proposed Parenting Plan within 120 days of filing (jointly or separately)
- 7 Attend the mandatory parenting education class (approximately 4 hours, available online in many counties)
- 8 Attend mediation if ordered by the court, then proceed to a hearing or trial if issues remain unresolved
Required Forms
- Petition for Allocation of Parental Responsibilities →
- Parenting Plan (Easy Form) →
- UCCJEA Affidavit (Uniform Child Custody Jurisdiction)
- Summons
- Financial Affidavit / Disclosure Statement
Typical Timeline
Uncontested cases where both parents agree on a parenting plan can often be resolved in 2 to 4 months. Contested cases typically take 6 to 18 months or longer, depending on the complexity of the issues and the circuit court's docket.
Self-Represented (Pro Se) Notes
Illinois allows self-representation (pro se). Illinois Legal Aid Online provides free Easy Form programs and downloadable blank forms. Illinois Court Help (ilcourthelp.gov) offers guides and a helpline at 833-411-1121. Many circuits operate self-help centers at the courthouse. However, contested parental responsibilities cases are complex, and legal representation is strongly recommended.
Read the full Pro Se GuideFiling for custody? Get the step-by-step playbook.
Our Court Prep Playbook walks you through everything from filing to trial.
Modifying a Custody Order
What Counts as a Material Change
To modify significant decision-making responsibilities, the court must find a substantial change in circumstances of the child or a parent since the last order, based on facts that were not anticipated at the time of the original order (750 ILCS 5/610.5). A motion to modify decision-making generally cannot be filed within 2 years of the original order unless the child's present environment seriously endangers the child's health or development. Parenting time, however, may be modified at any time upon a showing of changed circumstances (a lower threshold than "substantial change").
How to File for Modification
File a Motion to Modify the Allocation of Parental Responsibilities in the circuit court that issued the original order. The other parent must be served. The court may order mediation before proceeding to a hearing. If the modification reflects the actual living arrangement for the prior 6 months without objection, or constitutes a minor modification, the court may grant it without requiring proof of changed circumstances.
Building Your Case Over Time
Document the specific changes in circumstances that have occurred since the original order. Gather evidence showing how the current arrangement no longer serves the child's best interests, including records of the child's current needs, school performance, health, and any safety concerns. Keep a detailed log of parenting time compliance and any co-parenting difficulties.
Modifications require a documented trail of change.
Use Evidexi to build your evidence binder over time, so it is ready when you need it.
Key Deadlines & Tips
Deadlines to Know
- Parenting plan must be filed within 120 days of filing the petition or service of process (750 ILCS 5/602.10)
- The respondent has 30 days after service to file an answer to the petition
- Motions to modify decision-making responsibilities generally cannot be filed within 2 years of the original order (750 ILCS 5/610.5)
- A parent planning to relocate must provide at least 60 days written notice to the other parent before the move (750 ILCS 5/609.2)
- Appeals of final orders must be filed within 30 days of the judgment
Practice Tips for Illinois
Illinois courts place significant weight on each parent's caretaking history during the 24 months before filing. Start documenting your day-to-day parenting involvement early.
Both parents are required to submit a parenting plan. If you and the other parent can agree on a joint plan, the court will generally approve it. If you cannot agree, the judge will create an Allocation Judgment after reviewing each parent's proposal.
Illinois courts strongly value a parent's willingness to support the child's relationship with the other parent. Avoid disparaging the other parent, especially in front of the child.
Relocation rules differ based on where you live: moves over 25 miles require court approval if you reside in Cook, DuPage, Kane, Lake, McHenry, or Will counties, and moves over 50 miles require approval for all other Illinois counties.
Mandatory parenting education classes must be completed before a trial date can be set. Complete this requirement early to avoid delays in your case.
Gather and organize documentation early. Illinois courts respond well to clear, factual evidence tied to specific best interest factors rather than large volumes of disorganized materials.
Official Resources
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This information is for educational purposes only and does not constitute legal advice. Family law varies by jurisdiction and county. Consult a licensed attorney for advice specific to your situation. Last reviewed: 2026-02.