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Parenting time decisions in Illinois are based on what serves the child’s best interests. Courts consider various factors when determining a custody arrangement that fosters a stable, healthy, and supportive environment for the child. While parents often have different views on what is best, Illinois law provides clear guidelines to ensure fairness and protect the child’s well-being.
Under 750 ILCS 5/602.7, parenting time is allocated based on specific considerations that help the court determine the most appropriate arrangement. At SBK Law Group, we help parents understand their rights and work toward solutions that benefit both the children and the family as a whole.
The foundation of all parenting time decisions in Illinois is the best interests of the child standard. Courts assess several key factors outlined in 750 ILCS 5/602.7(b), including:
Parental behavior and fitness can significantly impact parenting time determinations. Courts consider:
Under 750 ILCS 5/602.7(b)(2), a child’s preferences may be considered, depending on their age and maturity. While younger children typically do not have a strong say in the decision, courts may take the input of older children into account, particularly if their reasoning reflects their best interests. This factor varies greatly depending upon the maturity of the child.
Courts examine how involved each parent has been in the child’s life before custody proceedings. This includes:
If one parent wants to relocate with the child, Illinois law (750 ILCS 5/609.2) requires the relocating parent to provide written notice to the other parent, and in some cases, court approval may be necessary. If the non-relocating parent agrees with the relocation, then the parent seeking to move is allowed to. However, if the non-relocating parent disagrees or does not respond to the written request for agreement, then the Courts evaluate whether the move benefits the child or disrupts their existing relationships. This is done through an evidentiary hearing and often entails having the Court appoint a Guardian Ad Litem, often referred to as a GAL.
Illinois courts encourage mediation to resolve custody disputes outside of litigation. Mediation allows parents to collaborate and create a parenting plan that works for everyone. If an agreement cannot be reached, the court will step in and decide based on the child’s best interests.
If a parent fails to follow an approved parenting time schedule, the court may enforce penalties such as reduced parenting time, fines, or modification of custody terms under 750 ILCS 5/607.5. A Petition filed with the Court regarding an abuse of parenting time requires listing specifics of the alleged abuses. If you suspect this may be occurring, you should keep detailed notes of the dates, alleged incident, and what attempt was made to resolve the issue, if any.
While courts consider a child’s wishes, a parent cannot unilaterally decide to withhold parenting time. If a child refuses visits, the issue should be addressed legally through a court motion to modify the custody order. Failure to do so may result in the court punishing the noncompliant parent with sanctions, including awards of reimbursement for legal expenses, fines, or loss of parenting time.
Yes. If there are concerns about the child’s safety or well-being, a parent can request supervised visitation. Courts may order this under 750 ILCS 5/603.10 when there is evidence of domestic violence, substance abuse, or other risk factors. Typically, when there are allegations regarding the child’s safety, the Court will appoint a GAL to investigate and determine what is in the best interests of the child.
If circumstances change significantly, a parent can petition the court for a modification. Illinois law (750 ILCS 5/610.5) requires a parent to prove that a modification is necessary for the child’s well-being.
A criminal record alone does not automatically prevent a parent from having parenting time. However, if past offenses involve domestic violence, drug abuse, or endangerment, courts may impose restrictions or supervised visitation.
Parenting time decisions can be emotionally challenging and legally complex. At SBK Law Group, we help parents navigate Illinois custody laws and advocate for fair and practical parenting arrangements.
Contact our Downers Grove parenting time attorneys at 630-427-4407 to receive a free consultation. Learn how we can help you protect your parental rights.
