WHAT ACTUALLY DETERMINES PARENTING TIME IN ILLINOIS

Sep 16, 2026

What Actually Determines Parenting Time in Illinois?

Understand what Illinois courts consider, how your child’s best interests shape the decision, and what parents can do to create a parenting plan that works in real life.

Parents often enter the divorce process with assumptions about how these decisions will be made. Some assume mothers automatically receive more parenting time. Others believe parenting time will simply be divided equally. Some believe that once a child reaches a certain age, the child gets to decide.

Illinois law does not work quite that simply.

When parents cannot agree on parenting time, the court looks at what is in the best interests of the child. That does not come down to one factor, one parent, or one moment in time.

Understanding what the court actually considers can help parents make better decisions, focus on what matters, and avoid creating unnecessary conflict around their children.

Parenting Time and Parental Responsibilities Are Different

"People still commonly use the word custody, but Illinois law separates parenting into two primary areas:"

Parenting time refers to when the child is with each parent.

Allocation of parental responsibilities addresses significant decisions involving the child, including education, healthcare, religion, and extracurricular activities.

These issues are related, but they are not the same.

A parent may have significant parenting time without having sole authority over major decisions. Parents may also share some decision-making responsibilities while one parent has responsibility for other areas.

The goal is to create a parenting plan that addresses both the child's schedule and how important decisions will be made.

What Does “Best Interests of the Child” Actually Mean?

“Best interests of the child” can sound broad, especially when two parents have very different ideas about what is best.

Illinois law starts with the presumption that both parents are fit to have parenting time with their child. A court generally will not restrict a parent's parenting time unless there is sufficient evidence that the parenting time would seriously endanger the child's physical, mental, moral, or emotional health.

When determining how parenting time should be allocated, the court looks at the child's best interests and considers the family's circumstances as a whole.

Illinois law gives courts a number of factors to consider when determining parenting time. No single factor automatically decides the outcome.

Those factors look at the child's life as a whole, including:

• what each parent is requesting

• a child's wishes may be considered, along with the child's maturity and ability to express an independent and reasoned preference.

• the child's needs

• the child's relationship with each parent, siblings, and other important people

• how the child is adjusting to home, school, and the community

• each parent's involvement in caring for the child

• the parents' and child's daily schedules

• the distance between the parents' homes and the realities of transportation

• the ability of the parents to cooperate with the parenting arrangement

• the mental and physical health of the people involved

• each parent's ability to put the child's needs ahead of their own

• each parent's willingness to support the child's relationship with the other parent

• concerns involving violence, abuse, or safety

The court can also consider other circumstances it determines are relevant.

This is why parenting time is highly specific to each family. A schedule that works well for one family may be unrealistic for another.

Does It Matter Who Took Care of the Children Before the Divorce?

Yes, a family's history matters.

One of the factors Illinois courts consider is how much time each parent spent performing caretaking functions during the 24 months before a request to allocate parental responsibilities is filed. If the child is younger than two, the court looks at the period since the child's birth.

That does not mean the past automatically determines the future.

It does mean the court is interested in understanding what the child's actual life has looked like.

Who handled school mornings? Who scheduled medical appointments? Who attended activities? Who helped with homework? Who stayed home when the child was sick? How were weekends handled? What involvement did each parent have in the child's day-to-day life?

Divorce can change how parenting responsibilities are divided. Work and travel schedules may shift, and each parent may take on responsibilities that were handled differently during the marriage.

Those changes can matter too.

The larger question is not simply, “Who did more?”

It is: What parenting arrangement is in the best interest for this child, this family, and the life they are actually living?

Does Parenting Time Automatically Mean 50/50?

There is no single parenting schedule that automatically applies to every Illinois family.

Parents may agree to equal parenting time when it is workable for their children and their schedules. Other families may create a different division of time.

Work schedules, school schedules, distance between homes, transportation, children's activities, developmental needs, and the parents' ability to make the arrangement work can all affect the parenting plan.

A schedule can look fair on paper and still be difficult for a child to live with.

For example, a schedule that requires constant driving between homes may become exhausting when a teenager has school, sports, activities, a job, and friends. Younger children may have entirely different needs.

The focus should be on creating a plan that works in real life, not simply reaching a particular percentage.

Can My Child Decide Where They Want to Live?

This is one of the most common misconceptions about parenting time.

There is no age in Illinois when a child simply gets to decide which parent they will live with.

A child's wishes can be considered. The court looks at the child's maturity and ability to express a reasoned and independent preference.

That distinction matters.

A five-year-old, a twelve-year-old, and a seventeen-year-old may have very different abilities to understand what a parenting arrangement means and explain why they prefer one arrangement over another.

The reason behind the preference can matter as well.

A child may prefer one home because it is closer to friends or school. A teenager may dislike rules at one parent's house. A child may be responding to tension between the parents. There may also be legitimate concerns that deserve closer attention.

The child's preference is part of the picture. It is not the entire picture.

What If My Child Does Not Want to Go to the Other Parent's House?

This can become one of the hardest situations for parents.

A child's resistance does not necessarily mean the parenting schedule can simply be ignored.

Illinois law specifically considers each parent's willingness and ability to encourage a close and continuing relationship between the child and the other parent. It also considers whether a parent can put the child's needs ahead of their own.

That means parents need to be thoughtful about how they respond when a child complains about parenting time.

There is a difference between listening to your child and putting your child in charge of the parenting schedule.

There is also a difference between ordinary resistance and a legitimate concern about a child's safety or well-being.

If a child consistently refuses parenting time, expresses fear, or raises concerns that you believe may affect their safety or well-being, that is something to discuss with your attorney rather than trying to solve by changing the court-ordered schedule on your own.

Supporting the Other Parent's Relationship With Your Child Matters

Divorce will change your relationship with your spouse or former spouse. It does not automatically change your child's relationship with the other parent.

That can be difficult when there is anger, disappointment, or distrust between the adults.

The court considers whether each parent is willing and able to help support the child's continuing relationship with the other parent.

That can show up in ordinary ways:

• getting the child ready for parenting-time exchanges

• sharing necessary school, medical, and activity information

• helping the child attend activities during either parent's time

• avoiding putting the child in the middle of adult disagreements

• allowing appropriate communication with the other parent

• following the parenting schedule

• communicating about changes that affect the child

Supporting that relationship does not mean ignoring legitimate concerns or pretending conflict does not exist.

It means separating the adult relationship from the child's needs whenever possible.

What Happens If We Cannot Agree on a Parenting Plan?

Parents have an opportunity to create their own parenting plan.

This can be valuable because parents generally know more about their children's schedules, routines, personalities, activities, and needs than anyone else.

When parents cannot reach an agreement, mediation is generally part of the process unless the court determines that there is a reason mediation is not appropriate.

Mediation gives parents an opportunity to work through parenting issues and develop solutions before asking the court to decide for them.

If disagreements remain, additional professionals may become involved depending on the circumstances of the case. A court may appoint a Guardian ad Litem (GAL) or another professional to investigate issues involving the child and provide information or recommendations to the court.

Ultimately, when parents cannot agree, the court will decide parenting time and parental responsibilities based on the child's best interests.

The more decision-making that moves outside the parents' control, the less flexibility parents may have to create a schedule around the details of their family's actual life.

How Does the Parenting-Time Process Differ by County?

The core Illinois law does not change depending on the county where your case is filed. Courts throughout Illinois determine parenting time based on the best interests of the child.

The process of getting there, however, can vary by county.

Local courts may have different procedures for mediation, parenting education, Guardian ad Litem appointments, scheduling, and other steps involved in resolving parenting disagreements.

For example, DuPage County has a Family Center that provides court-ordered mediation and other parenting-related services, such as supervised parenting and neutral exchange as court mandated. Will, Kane, Kendall, Cook, and other counties have their own local court rules and procedures such as the parent hiring a supervisor as needed.

This is one reason local experience matters. Understanding both Illinois family law and how a particular court handles parenting cases can help you know what to expect and prepare for the next step.

Parenting Time Is Not About Winning

It can be tempting to think about parenting time as something one parent receives and the other parent loses.

That framing rarely helps families move forward.

Parenting decisions affect school mornings, holidays, vacations, medical appointments, activities, transportation, communication, and thousands of ordinary moments in a child's life.

A parenting plan needs to work beyond the courtroom.

At Sefton Kelly Family Law, we help parents understand both the legal considerations and the practical realities involved in creating parenting arrangements.

That includes honest conversations about what the court may consider, what may be difficult to hear, and what parents can control.

The goal is not to create conflict for the sake of appearing aggressive.

It is to help parents make informed decisions, protect what matters, and create a parenting plan that gives their children as much stability as possible while the family moves through significant change.

Frequently Asked Questions About Parenting Time in Illinois