What Do Judges Consider When Determining Parenting Time in Illinois?

 Posted on July 18, 2025 in Child Custody

Many parents rely on a court order to dictate the terms of their parental responsibilities agreement, which includes parenting time. If you have questions about how the court may view your case, an Arlington Heights, IL parental responsibilities lawyer can explain the laws and protect your rights. In Illinois, parenting time decisions are based on what is best for the child. Judges look at many factors to ensure the child’s interests are prioritized in the final custody decision.

What Does "Best Interests of the Child" Mean?

Part VI of the Illinois Marriage and Dissolution of Marriage Act (IMDMA) addresses the "best interests of the child" in Section 602.7. It is defined as the main standard courts use when deciding parenting time, also known as visitation, and other custody issues. It means the judges focus on what will help the child grow up safe, healthy, and emotionally stable.

The law does not automatically favor either you or your child’s other parent. Instead, the court wants to ensure that your child has a strong relationship with you both whenever possible. Judges consider how each of you can meet your child’s needs best, keeping them happy and secure. 

What Factors Play a Role in the Final Decision for Parenting Time?

Every case is different in one way or another. However, some important factors considered, under Section 602.5 of the IMDMA, include:

• Each parent’s wishes and sometimes the child’s wishes

• The child’s relationship with each parent, siblings, and others in each home

• The child’s adjustment to their home, school, and community

• Each parent’s ability to encourage a close relationship between the child and the other parent

• Any history of abuse or violence

• The mental and physical health of all parties involved

• The distance between the parents’ homes and how easy it is to transport the child

As of January 2025, changes to the IMDMA make it clear that once parenting plans are approved by the court, they become final and enforceable as long as the main divorce or custody case remains active. However, if the main case is dismissed, those orders become void. This change helps bring more certainty and enforceability to parenting agreements, ensuring stability for you and your child during any other legal cases you have open.

Will the Court Consider the Child’s Preference in a Custody Case in Illinois?

Illinois courts may consider your child’s preference when deciding parenting time, but this does not mean that the child gets to choose outright. Under Section 604.10, the court may hear the child’s wishes directly or through a professional, like a guardian ad litem (GAL). GALs are not always necessary, but when they are, the court appoints them to represent the child’s best interests.

The judge will look at the child’s age, maturity, and reasoning for their preference. For example, a teenager’s opinion might carry more weight than a young child’s, especially if the teen can explain logical reasons for preferring one home over the other. However, the court is careful not to place the child in the middle of conflicts or force them to choose between parents.

Talk to an Arlington Heights, IL Parental Responsibilities Attorney Today

Parenting time decisions can be emotional and complex. Having an experienced lawyer guide you through the process can help protect your relationship with your child and ensure your rights are respected. For compassionate, knowledgeable representation, call 847-749-4182 and speak to the Arlington Heights, IL child custody lawyers at A. Traub & Associates.