Updated January 29, 2024
An Illinois custody (parenting) plan is a document outlining an allocation of parental responsibilities, parenting time, living arrangements, and other important terms of child custody during a separation or divorce. Illinois courts require parents to either submit a parenting plan jointly, or separately if they cannot reach an agreement. It must be filed within 120 days of submitting a petition for parental rights.
Child Custody Factors
Under 750 ILCS 5/602.5, an Illinois court is required to consider at least 15 factors when determining a parenting plan that reflects the child’s best interest, including:
- The individual wishes of the child and parents
- The child’s adjustment to their home, school, and community
- The mental and physical health of all individuals involved
- The child’s needs
- Each parent’s past participation in significant decision-making with regard to child
- The ability of the parents to cooperate in the arrangement
- Past cases of abuse against the child
Table of Contents |
How to File for Custody in Illinois
1. Agree on a Parenting Plan
A parenting plan must be submitted to the court within 120 days of filing for parental rights (Petition for Allocation for Parental Responsibilities). If both parents agree on the terms of the proposed parenting plan, they can jointly fil
e it with the court. If the parents have not come to an agreement over the terms, they can each file a proposed parenting plan separately for the court to determine.
2. Calculate Child Support
In Illinois, child support is determined by a set of statutory guidelines based on the income shares model, which uses the combined net income of both parents.[1]
Use the Illinois Child Support Estimator to calculate the estimated amount of child support that will be ordered by the court.
3. Complete Required Forms
To file for custody as part of a divorce, complete the following forms:
- Petition for Dissolution of Marri
- age/Civil Union (Divorce With Children)
- Judgment of Dissolution of Marriage/Civil Union (Divorce With Children)
- Parenting Plan
- Summons (if needed)
- Entry of Appearance (if needed)
4. Sign and File with Clerk
Submit the completed documents electronically using the Illinois courts’ online portal. The proposed parenting plan must be signed by both parents if submitting jointly. The filing fee for a parental responsibility petition ranges between $300 to $400, depending on the court jurisdiction.
5. Attend the Hearing
If the parents are unable to reach a settlement through mediation, the court will conduct a hearing or a trial to determine a parenting plan that is in the best interest of the child. The court may also order an evidentiary hearing if it does not approve a jointly filed parenting plan.
6. Receive Court Order
If approved by the court, all the terms in the parenting plan become legally binding unless a change in circumstances makes it necessary to modify it.
Custody Laws
- Child’s preference: The court must consider the wishes of the child while taking into account the child’s maturity and ability to express reasoned and independent preferences.[2]
- Parent visitation rights: 750 ILCS 5/602.8
- Uniform Child Custody Jurisdiction and Enforcement Act: 750 ILCS 36
- Visitation by siblings, stepparents, and grandparents: 750 ILCS 5/602.9
Related Forms
