How Do Illinois Courts Decide on Parenting Time?

 Posted on October 30, 2026 in Child Custody / Allocation of Parental Responsibilities

"Parenting time" is the Illinois term for the time a child spends with each parent. It replaced "visitation" in Illinois law and is one part of what most people still refer to as "custody."

Parents are given the opportunity to decide on their own parenting time initially. When they can’t agree on a schedule, a judge decides it based on the child’s best interests. Illinois law lists specific factors the court has to weigh when making these decisions.

If you’re working out a parenting schedule in 2026, a St. Charles, IL parenting time lawyer can help you understand what factors apply to your family.

Do Parents Get to Set Their Own Parenting Time Schedule in Illinois?

Parents who agree on a schedule can put it in a written parenting plan and submit it to the court. Each parent generally has to file a proposed plan within 120 days after a petition is filed or served (750 ILCS 5/602.10). The judge reviews the submitted plan. They will usually approve it if it serves the child’s best interests.

If the parents don’t agree, the court is required to order mediation unless it finds a compelling reason not to, such as a history of domestic violence between parents. Mediation allows parents to discuss their disagreements with an outside third party who can help them find a compromise. When mediation doesn’t resolve everything, the judge holds a hearing and decides on the remaining issues.

What Factors Do Illinois Courts Consider When Deciding on Parenting Time?

The court must allocate parenting time according to the child’s best interests (750 ILCS 5/602.7). The statute lists 17 factors in total.

Some that often come up include:

• The wishes of each parent
• The child’s wishes, depending on their maturity
• How much time each parent spent caring for the child in the 24 months before the case was filed
• Any past arrangement between the parents about caregiving
• The child’s relationship with each parent, siblings, and other important people
• How well the child is adjusted to their home, school, and community
• The mental and physical health of everyone involved
• The distance between the parents’ homes and each person’s daily schedule
• Each parent’s willingness to put the child’s needs first
• Each parent’s willingness to support the child’s relationship with the other parent
• Any abuse or threats of violence in the household

The court can also consider any other factor it finds relevant. A judge may weigh these differently from one family to the next.

Can a Judge Limit a Parent’s Parenting Time in Illinois?

Illinois law presumes both parents are fit or able to provide for their child’s physical and emotional needs. A court can’t restrict a parent’s time unless it finds that the parent’s parenting time would seriously endanger the child’s physical, mental, moral, or emotional health. Restrictions might include supervised visits or limits on overnight stays.

The court also can’t consider a parent’s conduct if it doesn’t affect that parent’s relationship with the child. A new relationship or a messy divorce may not alter the parenting schedule.

How Can You Prepare for a Parenting Time Case in Illinois?

These cases can be emotional, but some preparation will help you feel confident that you have done everything you can to facilitate your desired outcome.

Keep records of your involvement in your child’s daily life. Caretaking, such as school pickups, doctor’s appointments, and help with homework, can make a stronger case if you are hoping for more parenting time. Save texts and emails that show how you and the other parent communicate about the child. If the court has set a temporary schedule, follow it closely while the case is open.

Think about a schedule that would work for your child, not just for you. Judges want to see that parents are accounting for the child’s school, activities, and routines when making decisions.

Call a Kane County, IL Child Custody Lawyer Today

Our main attorney is a trained mediator with significant family law experience, including with parenting time issues. We focus on resolving parenting disputes out of court when possible, but we’re prepared to litigate aggressively when a case requires it.

Our St. Charles, IL parenting time attorneys can help you build a parenting plan, prepare for mediation, or present your case to a judge. Call Shaw Sanders, P.C. at 630-584-5550 to schedule your free consultation.