How Do Illinois Courts Decide Which Parent the Child Lives With?

 Posted on February 22, 2026 in Child Custody / Parental Responsibilities

Illinois courts decide which parent the child lives with based on the child’s best interests. Judges do not automatically favor one parent over the other when making decisions about parental responsibilities. Instead, they evaluate the child’s needs, each parent’s ability to provide care, and the overall family situation.

According to the U.S. Census Bureau, about 79.9 percent of custodial parents nationwide are mothers. Still, courts today focus on the child’s well-being rather than assuming one parent should have primary custody based on their gender. If you are facing a custody decision in 2026, our Chicago, IL child custody lawyer can help you understand how courts apply these legal standards when making custody decisions.

What Does Illinois Law Say About Child Custody Decisions?

Illinois law refers to custody as the allocation of parental responsibilities and parenting time. Parenting time determines when the child lives with each parent.

Under the Illinois Marriage and Dissolution of Marriage Act, 750 ILCS 5/602.7, courts must decide parenting time based on the child’s best interests. The court’s goal is to support the child’s emotional, physical, and developmental needs.

Judges do not base decisions on the parents’ gender, income alone, or personal preferences. Instead, they carefully review each parent’s role in the child’s life. The court may approve an agreement between parents or make the decision if the parents cannot agree.

What Factors Do Illinois Courts Consider When Deciding Parenting Time?

Courts review several factors to determine what living arrangement will best support the child. These factors help the judge understand the child’s needs and family relationships.

Under 750 ILCS 5/602.7(b), courts consider factors such as:

• The child’s relationship with each parent
• Each parent’s ability to care for the child
• The child’s adjustment to home, school, and community
• The mental and physical health of everyone involved
• Any history of violence or abuse

No single factor determines the outcome. Judges evaluate the full situation before making a decision.

Does the Child Get To Choose Which Parent To Live With?

In some cases, the child’s wishes may be considered. However, the child does not make the final decision.

Illinois courts may consider the child’s preferences depending on the child’s age and maturity level. Older children may have more input, but the judge still makes the final determination. Ultimately, the court evaluates whether the child’s preference reflects their best interests.

Do Courts Usually Give Equal Parenting Time?

Courts do not automatically require equal parenting time. However, Illinois law encourages both parents to remain involved in the child’s life when possible.

Equal parenting time may be appropriate in some situations, but not all. The court considers factors such as work schedules, living arrangements, and the child’s needs. The goal is to create a stable and supportive environment.

Can Custody Arrangements Be Changed Later?

Yes, custody arrangements can be modified if circumstances change. Courts recognize that family situations evolve over time.

Under 750 ILCS 5/610.5, courts may modify parenting time if it serves the child’s best interests. Changes may occur if a parent relocates, the child’s needs change, or safety concerns arise.

Parents must request court approval for custody changes. Courts review the situation before approving modifications. Legal guidance can help parents navigate these changes.

Why Is Legal Representation Important in Child Custody Cases?

Child custody cases involve emotional and legal challenges. Understanding your rights helps you make informed decisions. A lawyer can explain Illinois custody laws, present evidence, and help protect your relationship with your child. Legal guidance helps ensure your case is presented clearly and effectively. Proper preparation helps parents pursue custody arrangements that support their child’s well-being.

Schedule a Free Consultation With Our Cook County, IL Parental Responsibilities Attorney

If you are involved in a custody dispute, The Law Office of George J. Skuros can help you understand your rights and options. We focus on helping clients fully understand the legal issues so they are prepared and have a realistic idea of possible outcomes.

Call 312-884-1222 to schedule a free consultation with our Chicago, IL child custody lawyer and learn how Illinois courts may decide your custody case.