Illinois Divorce With Children (2026) — Allocation of Parental Responsibilities

Illinois completely overhauled its custody laws in 2016. If you have children, understanding Illinois's unique terminology is essential — and it's different from almost every other state.

Disclaimer: General legal information, not legal advice. If you disagree on any child-related issue, consulting an Illinois family law attorney is strongly recommended.

Illinois's Unique Terminology — Critical to Understand

Illinois eliminated the words "custody" and "visitation" from its family law statutes in 2016. Everything is now covered under "Allocation of Parental Responsibilities."

Decision-making responsibilities — Replaces "legal custody." The right to make major decisions about the child's life: education, healthcare, religion, extracurricular activities.

Shared decision-making — Both parents make major decisions together. Most common in agreed Illinois divorces.
Sole decision-making — One parent makes decisions. Awarded in limited circumstances (domestic violence, inability to cooperate, etc.)

Parenting time — Replaces "visitation" and "physical custody." The schedule of when each parent has the children.

Primary parent — The parent with the majority of parenting time (if not equal).

Parenting plan — Required written document allocating both decision-making responsibilities and parenting time. Must be filed in every Illinois divorce involving minor children.

Why Illinois Made This Change

Illinois changed its terminology to reflect a more cooperative, less adversarial approach to raising children after divorce. The old "custody/visitation" framework often felt like one parent "won" and one "lost." The new framework focuses on both parents' active roles.

In practice, the substance is similar to other states — but knowing the terminology prevents confusion when filling out forms.

Required: Parenting Plan

Illinois law (750 ILCS 5/602.10) requires a written Parenting Plan in every divorce involving minor children. It must be filed within 120 days of the date the petition is served.

The Parenting Plan must address:

Decision-making:

Which parent has decision-making responsibility for education
Which parent has decision-making responsibility for healthcare
Which parent has decision-making responsibility for religion
Which parent has decision-making responsibility for extracurricular activities
How parents will make decisions when they disagree (joint decision-making)
Any limitations on decision-making (due to domestic violence, etc.)

Parenting time schedule:

Regular weekly schedule
School year vs. summer schedule
Holiday schedule (specific holidays assigned to each parent)
Winter break, spring break, summer
Mother's Day, Father's Day, birthdays
Exchange logistics (where, when, who transports)
Travel and relocation provisions
Right of first refusal (whether each parent gets the option to care for the child before a babysitter is used)

Communication:

How parents communicate with children during the other parent's time
Required notice for schedule changes

illinoislegalaid.org generates a compliant Parenting Plan through its document assembly tool.

Illinois's Best Interest Factors

Illinois courts determine all parenting decisions based on the best interest of the child (750 ILCS 5/602.7). Key factors:

Each parent's wishes
The child's wishes (considering age and maturity)
The child's adjustment to home, school, and community
Mental and physical health of all parties
Ability of each parent to cooperate for the child's best interest
History of domestic violence or abuse
Prior caretaking responsibilities
Each parent's willingness to facilitate the other's relationship with the child
Distance between parents' homes
Child's needs

Child Support in Illinois

Illinois uses the Income Shares model — both parents' net incomes determine the total support obligation, divided proportionally.

Illinois Child Support Calculation

Step 1: Calculate each parent's net income (gross minus taxes, Social Security, Medicare, health insurance, prior support obligations).

Step 2: Add both parents' net incomes to get combined net income.

Step 3: Apply the Illinois child support schedule (table) to get the basic support obligation based on combined income and number of children.

Step 4: Each parent pays their proportional share. The non-residential parent typically pays their share directly to the other parent.

Step 5: Adjust for parenting time. Illinois applies a parenting time credit — the more time the paying parent has with the child, the lower their support obligation.

Illinois Child Support Estimator: Available free at ilchildsupport.com — use this to calculate the guideline amount before agreeing.

Add-Ons

Health insurance premiums for the child
Work-related childcare costs
Extraordinary medical, educational, or disability expenses

Income Withholding

Illinois requires an income withholding order (wage garnishment) in virtually all child support cases. This directs the paying parent's employer to withhold support.

Forms for Divorce With Children

Core forms (in addition to standard divorce forms):

Petition for Dissolution With Children provisions
Parenting Plan (generated via illinoislegalaid.org)
Illinois Uniform Order for Support (child support order)
Income Withholding for Support (wage assignment)
Child Support Calculation Worksheet

Step-by-Step: Agreed Illinois Divorce With Children

Step 1

Confirm residency. Discuss and agree with your spouse on: decision-making allocation, parenting time schedule, holiday schedule, child support (use ilchildsupport.com calculator), health insurance.

Step 2

Visit illinoislegalaid.org and use document assembly to generate Petition, Parenting Plan, and child support forms.

Step 3

File Petition at Circuit Clerk. Pay filing fee.

Step 4

Serve your spouse or get their Entry of Appearance.

Step 5

Finalize Parenting Plan and Marital Settlement Agreement. Both sign.

Step 6

File prove-up documents including Parenting Plan and Child Support Worksheet.

Step 7

Attend prove-up hearing. Judge reviews Parenting Plan under best interest standard.

Step 8

File signed Judgment. Send Income Withholding Order to employer. Get certified copies.

When You Really Need an Attorney

Disagreement on decision-making or primary parenting time
History of domestic violence or substance abuse
One parent wants to relocate with the children (Illinois has strict relocation rules)
Child has special needs requiring complex support
Your spouse has hired an attorney

Illinois Relocation Rules

If a parent with significant parenting time wants to relocate:

Within Illinois but more than 25 miles (Cook, DuPage, Kane, Lake, McHenry, Will counties) or 50 miles (all other counties) from current residence — requires notice and either agreement or court approval
Out of state — requires notice and either agreement or court approval

Illinois's relocation statute (750 ILCS 5/609.2) is strictly enforced. If relocation is on the table, consult an attorney.

FAQ

What is the difference between "decision-making" and "parenting time"? Decision-making is about major life choices (school, doctors, religion). Parenting time is about the physical schedule — who has the child and when.

Does Illinois favor one parent over the other? No. Illinois law requires courts to make decisions based on the best interest of the child without gender preference.

Can we agree to a 50/50 parenting time split? Yes. Equal parenting time is common in Illinois agreed divorces. It affects the child support calculation through the parenting time credit.

What if my child wants to live with me but my spouse disagrees? The child's preference is a best interest factor in Illinois. Unlike Georgia (which has a binding age-14 election), Illinois courts weigh the child's preference based on their age and maturity — but it is not legally binding at any age.

Last reviewed: March 2026

Last reviewed: March 2026 · Verify current fees and forms with your local court before filing.