When you separate from your child’s other parent, you may worry about how much time you will receive. Illinois courts focus on your child’s best interests rather than on creating an automatic 50/50 schedule.
The best interests standard controls
Under 750 ILCS 5/602.7, courts must allocate parenting time based on your child’s best interests. The statute lists 17 factors that guide how a judge may divide time between parents.
You should expect the court to review your child’s daily life, your past involvement and each parent’s ability to meet ongoing needs. No single factor guarantees majority parenting time.
Factors that may influence majority parenting time
Judges often focus on patterns of caregiving and each parent’s willingness to support the child’s relationship with the other parent. Common considerations include:
- Primary caretaker role: The caretaking functions you performed in the 24 months before the case was filed.
- Cooperation and civility: Your ability to encourage a close and continuing relationship with the other parent.
- Child’s adjustment: How well your child is settled at home, in school and in the community.
- Health and safety: Any history of abuse, threats or serious physical or mental health concerns.
- Child’s wishes: Your child’s preference if they are mature enough to express a reasoned view.
- Logistical factors: The distance between homes and how transportation affects your child’s schedule.
Together, these factors help the court decide whether one parent may receive a majority of parenting time or whether a more equal schedule may serve the child’s needs.
Illinois law encourages both parents to remain active in their child’s life. At the same time, the court may limit or structure parenting time if safety or stability is in question.
Why these decisions carry long-term impact
Parenting time orders shape your child’s routine, school stability and emotional support system. A schedule that reflects consistent caregiving and respectful co-parenting may reduce conflict and support healthy development.
If you seek majority parenting time, you must present clear evidence of your involvement and your ability to meet your child’s needs. The court will evaluate conduct, communication and credibility. Even small details about daily care can influence the outcome.
More options you can exercise
Parenting time decisions depend on specific facts and careful application of Illinois law. An experienced attorney can review your circumstances, explain how courts apply the statutory factors and help you prepare for negotiation or litigation.
