Custody agreement in Illinois: what it must include and how to file it

Last updated 2026-07-09

What does Illinois actually call a 'custody agreement'?

Illinois doesn't use the word 'custody' anymore. The state rewrote Article VII of the Illinois Marriage and Dissolution of Marriage Act in 2016 (750 ILCS 5/600 et seq.) and split the old idea into two pieces: 'allocation of parental responsibilities' for decision-making authority, and 'parenting time' for the schedule of when the child is physically with each parent. ^[1]

So when you search for a custody agreement, the document you actually need is a Parenting Plan. That's the official name Illinois courts use. It holds both the decision-making rules and the schedule in one place. A judge won't approve a plan that splits those two things across separate documents without a good reason.

The wording matters more than it sounds. Pull a generic custody form off the internet or an old Illinois template, and it probably still says 'physical custody' and 'legal custody.' Those phrases have no statutory meaning in Illinois now. A judge reading your plan has to translate them into the current framework, and that translation creates ambiguity you don't want. Use the right language from the first draft.

For a broader look at how custody agreements work across states, see our guide on custody agreement.

What must a Parenting Plan include under Illinois law?

Section 602.10 of the Illinois Marriage and Dissolution of Marriage Act lists every required piece of a Parenting Plan. ^[1] Leave one out and your plan gets bounced back for revision. That's the single most common reason clean, agreed cases stall.

Here is what the statute requires.

Parenting time schedule. A real calendar showing where the child sleeps on regular school days, weekends, breaks, holidays, and summer. 'Reasonable parenting time' is not a schedule. Courts reject that language routinely.

Allocation of significant decision-making responsibilities. The plan has to name who decides on education, healthcare, religion, and extracurricular activities. Give all four to one parent, split them, or require joint agreement. Address each topic on its own.

Transportation and exchange arrangements. Who drives, where the handoff happens, what happens when someone runs late. This one section heads off a large share of post-divorce fights.

A right of first refusal provision (or a written waiver). If one parent needs childcare beyond a stated number of hours, the other parent gets first crack at taking the child before a babysitter or relative. Include a provision or state plainly that you waive it. Silence is not an option.

Procedures for communicating about the child. How parents pass along school events, medical appointments, and schedule changes.

A process for resolving future disputes. Most plans name mediation as the first step before anyone runs back to court.

Restrictions, if any. A history of domestic violence, substance abuse, or another safety concern means the plan has to spell out restrictions or supervision.

The plan also needs the basics: full names, birthdates of every child, and current addresses. Both parents sign it in front of a notary. ^[2]

For real examples of how these sections look on paper, our custody agreement examples page has annotated templates.

How does Illinois divide decision-making between parents?

Decision-making is the old 'legal custody,' and it's where parents burn the most negotiating time. Illinois law names four categories of significant decisions: education, healthcare, religion, and extracurricular activities. ^[1] Your plan has to answer for each one.

You get three basic options per category.

• Sole decision-making to one parent. That parent acts without the other's consent, though the plan usually still requires them to inform the other parent.
• Joint decision-making. Both parents have to agree before a decision happens. Great when parents talk well. It jams up when they don't, so a plan built on joint decisions needs a real dispute-resolution step.
• Hybrid allocation. One parent gets education and healthcare, the other gets religion and extracurriculars. Less common, but courts accept it.

Illinois courts start from the idea that both parents should be involved. They do not require equal decision-making. If one parent was the primary caregiver during the marriage, or there's a documented history of conflict, sole decision-making to one parent is common. The court measures everything against the best interests of the child under 750 ILCS 5/602.7. ^[1]

One honest warning. Joint decision-making sounds cooperative on paper and can be miserable in practice. If you and your co-parent can't agree on which backpack to buy, don't sign a plan that forces you to agree on every medical procedure. Look at how decisions actually got made during the marriage and build the plan around that, not around the version of yourselves you wish you were.

What does a typical parenting time schedule look like in Illinois?

There is no single schedule Illinois law hands you. Courts approve whatever fits the child's best interests and the parents' real lives. A handful of patterns show up over and over in approved plans.

Schedule Type	Description	Typical Fit
Every other weekend	One parent has weekdays, other has alternating weekends (Fri-Sun)	Large geographic distance, one parent has demanding work schedule
2-2-3 rotation	Two days with Parent A, two days with Parent B, three days with Parent A, then flip	Young children, parents live close together
Week-on/week-off	7 days with each parent, alternating	School-age children, parents near same school
60/40 split	Four days with one, three days with the other	One parent has more flexible schedule
70/30 split	Roughly 10-11 days with primary parent, 4-5 days with other	One parent has significant work travel or lives farther away

The every-other-weekend schedule is the old 'standard visitation' model from before the 2016 reforms. Courts still approve it. They're just slower to approve it for young children without a concrete reason. More 50/50 schedules show up now because the research on child development points toward keeping meaningful contact with both parents. ^[3]

Holidays and school breaks get their own section. Most plans alternate: Parent A takes Thanksgiving in odd years, Parent B takes it in even years, and the same logic runs through winter break, spring break, Mother's Day, Father's Day, and birthdays. Be exhaustive here. Any holiday you forget to name turns into next year's argument.

Summer is a separate section too. Many plans hand each parent a block of uninterrupted vacation time, usually one to four weeks, with 30 to 60 days of advance notice required.

For more on shared time arrangements, see our article on shared custody agreement and the broader joint custody agreement guide.

How do you file a Parenting Plan in Illinois?

You file at the circuit court in the county where your child has lived for at least 90 days, which is usually the same court handling your divorce or parentage case. ^[4] The plan rides along with the rest of your case.

Here is the process.

Step 1: Draft the plan. Both parents work out every term in writing. Sign it and get it notarized before filing.

Step 2: File with your divorce or parentage paperwork. In an uncontested divorce, the Parenting Plan goes in with your initial packet or shortly after. In a parentage case (unmarried parents), it goes in with your Petition to Establish Parentage or as a separate motion.

Step 3: Pay the filing fee. Circuit court fees vary by county. Cook County charges $388 for a dissolution of marriage as of 2024. DuPage County charges $369. Smaller downstate counties may charge $150 to $250. These fees move around, so confirm with your circuit court clerk. ^[5]

Step 4: Attend a prove-up hearing. Even in an uncontested case, a judge holds a short hearing to review the plan and confirm it meets the best interests standard. Cook County can sometimes handle this on paper if your packet is complete, but most counties want a brief in-person appearance. Figure 10 to 20 minutes.

Step 5: Receive the allocation judgment. Once approved, the judge signs an Allocation of Parental Responsibilities and Parenting Time order. That order, not your signed agreement, is the thing you can enforce.

If parents can't agree and file competing plans, the court sets a contested hearing and may appoint a Guardian ad Litem to speak for the child. That road is longer, costs more, and the ending is out of your hands.

Parents doing this without an attorney can get official forms and instructions from the Illinois Courts self-help center at illinoiscourts.gov. ^[6]

What standard does an Illinois judge use to approve your plan?

Every parenting plan in Illinois gets measured against one thing: the best interests of the child, spelled out at 750 ILCS 5/602.7. ^[1] The statute lists the exact factors a judge weighs. Know them and you can write a plan that clears the bench on the first read.

The factors include the wishes of the child (weighted by age and maturity), each parent's wishes, the child's adjustment to home, school, and community, the mental and physical health of everyone involved, each parent's willingness to cooperate with the other, how much each parent handled caregiving in the past, whether any restriction on parenting time is needed, the distance between the two homes, and the child's needs. ^[1]

The statute also draws a hard line. It says the court "shall not consider conduct of a present or proposed custodian that does not affect his or her relationship to the child." ^[1] In plain terms, an affair or a lifestyle choice is off the table unless it actually touches the child.

Judges lean hard on one factor: the willingness and ability of each parent to support the child's relationship with the other parent. Badmouth your co-parent or block their parenting time and you're damaging your own case. Courts see this move constantly, and it shifts outcomes.

If your plan is genuinely agreed and covers every required element, most judges sign it as written. Contested plans, or plans with holes, invite a judge to start editing.

Can parents agree on a custody arrangement without going to court in Illinois?

Yes, but the agreement carries no legal weight until a court approves it and enters an order. Two parents can write a detailed Parenting Plan, both sign it, and it still means nothing in the eyes of the law until a judge signs off.

That gap matters. Break the terms of an unentered agreement and the other parent has nothing to enforce. There's no order to hold anyone in contempt of. So the target isn't 'we reached an agreement.' The target is 'a judge entered our agreement as an order.'

Here's the good news. When both parents agree, the court process is mostly paperwork. You file, you sit through a short hearing, you leave with an order. No attorney required, though paying one to read the plan before you file is money well spent if the plan is complicated.

Our guide to child custody agreement without court covers the limits of informal parenting agreements in more depth.

Unmarried parents run through a parentage case instead of a divorce case, but the Parenting Plan requirements are identical. Some skip formalizing the arrangement at all. That's a mistake. An informal schedule has zero legal backing the moment one parent decides to ignore it.

How much does a custody agreement cost in Illinois?

Cost rides almost entirely on one question: contested or not.

For an uncontested case where both parents agree:

• Court filing fees: $150 to $388 depending on county. ^[5]
• DIY document preparation: $0 to $200. The Illinois Courts website has free forms. Commercial document services usually charge $100 to $200 for a prepared packet.
• Attorney review (optional): $300 to $800 for a limited-scope attorney to read your plan before filing. Not required, but worth it if the plan is complex.
• Mediation (if you use it to reach agreement): $100 to $250 per hour, per session, often split between parents.

Total for a straightforward uncontested case: $200 to $1,200.

For a contested case where parents can't agree:

• Attorney fees: $3,000 to $20,000+ per parent, depending on how long the fight runs. The Illinois State Bar Association's 2023 Economics of Law Practice Survey found Illinois family law attorneys typically charge $250 to $450 per hour. ^[7]
• Guardian ad Litem fees: If the court appoints a GAL, each parent usually pays a share. Cook County GALs commonly charge $200 to $350 per hour.
• Expert witnesses: Custody evaluators run $3,000 to $8,000.

The spread between contested and uncontested isn't small. It's often the difference between $500 and $15,000. If you and your co-parent can agree on terms, agree. A judge won't improve on your deal. Fighting just costs time and money to land somewhere close to where you started.

DivorceClear's $149 document packet includes a finished Illinois Parenting Plan with every required section, formatted for your circuit court. That's one way to close the gap between 'we agree' and 'we have court-ready paperwork.'

How do you change a custody agreement after it's been approved in Illinois?

An approved Parenting Plan is a court order. You can't rewrite it with a handshake. To change it, you file a petition to modify with the same court that entered the original.

Illinois sets different bars for changing parenting time versus changing decision-making.

For parenting time, the standard under 750 ILCS 5/610.5 is that the change serves the child's best interests. ^[1] For minor schedule adjustments, you usually don't have to prove a 'substantial change in circumstances.'

For decision-making, the bar is higher. Within two years of the original order, you generally have to show the current arrangement "seriously endangers" the child's physical, mental, moral, or emotional health, or get the other parent's consent. After two years, you show a substantial change in circumstances that makes modification necessary for the child's best interests.

The usual triggers: one parent relocates, the child's needs shift with age, a parent's work schedule changes hard, or one parent keeps violating the order.

Parents who agree on a change can file a joint petition with a new Parenting Plan. Faster and cheaper. Parents who disagree get a contested modification hearing.

See our walkthroughs on how to change custody agreement and how to modify custody agreement for step-by-step instructions.

What happens if one parent relocates?

Illinois built relocation rules straight into 750 ILCS 5/609.2. ^[1] A parent with at least 50% of the parenting time who wants to move more than 25 miles from home (within the Chicago metro area) or more than 50 miles (everywhere else in Illinois) has to get the other parent's written consent or court approval before moving.

The notice window is 60 days before the intended move date. Put it in writing and send it by certified mail or process server. The notice has to include the new address, the move date, and a proposed revised Parenting Plan.

If the other parent objects within 30 days of getting that notice, the relocating parent files a petition and the court holds a hearing. The judge weighs the reason for the move, how it changes the child's relationship with the non-relocating parent, whether the new proposed plan is realistic, and the child's ties to the current community.

Relocation is one of the most litigated corners of Illinois family law. If you're on either side of it, moving or staying, at least one consultation with a family law attorney is worth the money. Our custody agreement attorney guide helps you decide when you need the professional help.

Do Illinois courts favor mothers over fathers in custody cases?

No. The statute bars it outright. Section 602.7 of the Illinois Marriage and Dissolution of Marriage Act tells courts not to consider conduct that doesn't affect the parent's relationship to the child, and there's no presumption favoring either parent based on gender. ^[1]

Outcomes sometimes look mother-favored because mothers have historically done more of the caregiving during the marriage. Courts weigh each parent's caregiving history under the best interests factors. If one parent was the primary caregiver, that history carries weight. But it's the caregiving, not the gender, driving the result.

Fathers who were deep in the day-to-day routinely land 50/50 or majority parenting time in Illinois. Documentation is the lever. If you're a father building a case for real parenting time, keep a log: school pickups, doctor visits, homework help, games and recitals you showed up for. That record speaks directly to the statutory factors.

Neither parent should walk in assuming the ending. The pattern is steady across the research: the best predictor of parenting time after divorce is how involved you were before it.

What if there's domestic violence in the case?

Illinois treats domestic violence as a serious factor in a parenting plan. Under 750 ILCS 5/602.7(b)(2) and 602.11, if the court finds a parent committed domestic violence, it must make specific findings and can restrict that parent's parenting time, require supervision, ban overnight visits, or in serious cases deny parenting time entirely. ^[1]

A finding doesn't automatically wipe out a parent's parenting time. It does create a presumption that the safety of the child and the victimized parent comes first. Courts may order exchanges at a neutral spot like a police station, bar the abusive parent from the child's school or activities, or require a third-party supervisor for every visit.

If you're a survivor trying to finish a parenting plan, the Illinois Coalition Against Domestic Violence (ilcadv.org) runs a statewide network of local programs that provide legal advocacy and can connect you with free legal help. ^[8]

When domestic violence is in the picture, a DIY parenting plan is probably the wrong path. The safety terms need careful drafting and real enforcement, and an attorney or a domestic violence legal advocate is far better positioned to help you get them right.

Where can you get official Illinois Parenting Plan forms?

The Illinois Courts website at illinoiscourts.gov keeps a forms library with the official family law forms, including the ones for allocation of parental responsibilities and parenting time. ^[6] These are the forms your circuit court actually accepts.

Several circuit courts add their own local forms on top of the statewide set. Cook County's Domestic Relations Division, for example, has its own Parenting Plan cover sheet and local rules that differ from downstate counties. Check your circuit court clerk's website for local supplements before you file. ^[9]

Illinois Legal Aid Online (illinoislegalaid.org) runs guided interviews that walk you through the forms with branching questions based on your situation. ^[10] This is genuinely useful if blank forms make your eyes glaze over.

Want a pre-assembled packet that folds the Parenting Plan into the rest of your uncontested divorce forms? DivorceClear's document service is one option. The packet matches Illinois court formatting and ships with instructions for your county.

To see how a finished plan reads before you draft your own, our sample custody agreement page has annotated examples.

Frequently asked questions

Does Illinois require both parents to file a Parenting Plan even if they agree?

Yes. Under 750 ILCS 5/602.10, each parent must file a proposed Parenting Plan within 120 days of service in a case involving children. If both parents agree, they can file a joint plan, and only one document is required. Failing to file doesn't make the case disappear. It means the court proceeds without your input, which is a worse outcome for you.

Is a handwritten custody agreement legal in Illinois?

A handwritten document both parents sign is a contract, but it has no power as a court order until a judge enters it. If one parent violates a handwritten agreement, you can't enforce it through contempt proceedings. There's nothing filed for the court to enforce. Get it filed with and approved by the circuit court to give it any legal teeth.

What is the difference between parental responsibilities and parenting time in Illinois?

Parental responsibilities is decision-making: who decides on education, healthcare, religion, and extracurricular activities. Parenting time is the physical schedule showing when each parent has the child. Both live in the same Parenting Plan document. Illinois swapped the old 'legal custody' and 'physical custody' terms for this framework in 2016 under 750 ILCS 5/600.

Can a custody agreement be verbal in Illinois?

A verbal agreement has no standing as a court order, and courts have no way to enforce one. If a dispute erupts, neither parent can prove what was agreed. Illinois requires written Parenting Plans that are filed, reviewed, and signed by a judge. A verbal arrangement works right up until the day one parent decides it doesn't.

How long does it take to get a Parenting Plan approved in Illinois?

For an uncontested case where both parents agree on every term, approval usually takes 60 to 90 days from filing, depending on the county's docket. Cook County tends to run slower than downstate counties. Contested cases that need a hearing or a custody evaluation can take 6 to 18 months.

Do I need a lawyer to write a Parenting Plan in Illinois?

No. Illinois courts accept self-represented (pro se) filings, and the Illinois Courts website has the official forms. Illinois Legal Aid Online (illinoislegalaid.org) offers a guided interview to help you fill them out. That said, if your case involves domestic violence, substance abuse, a child with special needs, or significant assets tied to parenting decisions, an attorney review earns its cost.

What happens if my co-parent won't agree to a Parenting Plan?

Each parent files their own proposed plan and the court sets a hearing. A judge may appoint a Guardian ad Litem to represent the child's interests. The judge then allocates parental responsibilities and sets parenting time using the best interests factors in 750 ILCS 5/602.7. In a contested hearing, neither parent controls the result.

Can grandparents get visitation rights in Illinois?

Yes, in limited situations. Illinois lets grandparents, great-grandparents, and siblings petition for visitation under 750 ILCS 5/602.9 if a parent is deceased, the parents are divorced or separated at least three months, a parent has been missing at least three months, or the child was born outside marriage. Courts still apply a best interests standard.

Does a custody agreement in Illinois cover child support?

No. Child support is a separate obligation calculated under Illinois' Income Shares formula (750 ILCS 5/505) and entered as its own order. Your Parenting Plan handles where the child lives and how decisions get made. Child support turns on both parents' incomes and the parenting time split. You need both a Parenting Plan and a child support order.

Can we modify our Parenting Plan without going back to court if we both agree?

Not legally. Even with both parents on board, a change has to be filed and entered as a new order to be enforceable. Under 750 ILCS 5/610.5, the court keeps jurisdiction over parenting issues until the child turns 18. You can file a joint agreed motion to modify, which is faster and cheaper than a contested fight but still needs court approval.

What is a Guardian ad Litem and does my case need one?

A Guardian ad Litem (GAL) is an attorney the court appoints to represent the child's interests, not either parent's position. GALs investigate, interview the child, and recommend outcomes to the judge. Courts appoint them in contested cases, especially those with allegations of abuse, neglect, or parental fitness issues. In a straightforward uncontested case, you typically don't need one.

How does Illinois handle custody for unmarried parents?

Unmarried parents have to establish legal parentage before a Parenting Plan means anything. Signing a Voluntary Acknowledgment of Paternity (VAP) at the hospital or later through the Illinois Department of Healthcare and Family Services establishes it. Without established parentage, an unmarried father has no legal right to parenting time even if he's on the birth certificate.

Can a child choose which parent to live with in Illinois?

A child's preference is one factor under 750 ILCS 5/602.7, but it isn't the deciding one. Illinois sets no age at which a child gets to pick their parent. Courts weigh the preference more heavily as the child ages and shows maturity. A 16-year-old's strong preference carries more weight than a 7-year-old's, but a judge can still override either.

What is the right of first refusal in an Illinois Parenting Plan?

A right of first refusal clause says that if a parent needs childcare beyond a set stretch (commonly 4 to 8 hours), they have to offer the other parent the chance to take the child before calling a sitter or relative. Illinois requires your plan to either include this provision or explicitly waive it. Leaving it out entirely is not acceptable.

Sources

1. Illinois Courts, Allocation of Parental Responsibilities forms and instructions: Parenting Plans must be signed and notarized, and both parents must file a proposed plan within 120 days of service
2. American Psychological Association, 'Social Science Research on Parenting Plans After Divorce': Research on child development consistently supports meaningful contact with both parents post-divorce
3. Illinois Courts, Venue and jurisdiction rules for family law cases: Filing happens at the circuit court in the county where the child has lived for at least 90 days
4. Cook County Circuit Court Clerk, Fee Schedule 2024: Cook County charges $388 for a dissolution of marriage filing as of 2024
5. Illinois Courts Self-Help Center, Family Law Forms Library: Illinois Courts website maintains official family law forms including those for allocation of parental responsibilities
6. Illinois State Bar Association, 2023 Economics of Law Practice Survey: Family law attorneys in Illinois typically charge $250 to $450 per hour
7. Illinois Coalition Against Domestic Violence: The Illinois Coalition Against Domestic Violence runs a statewide network of local programs providing legal advocacy and free legal help
8. Illinois Legal Aid Online, Parenting Plan guided interview: Illinois Legal Aid Online provides a guided interview to help self-represented parents complete Parenting Plan forms
9. Illinois Department of Healthcare and Family Services: Unmarried parents can establish legal parentage by signing a Voluntary Acknowledgment of Paternity through IDHFS