Is Custody Automatically 50/50 in Illinois?

 Posted on September 30, 2026 in Child Custody

Figuring out where your child will stay after you get a divorce from your spouse is not easy. The courts generally favor arrangements where both parents stay involved in a child’s life, but a 50/50 split of custody (called "parenting time schedule" in Illinois) is not automatic, nor is it a guarantee. If you have questions about the allocation of parental responsibilities, contact a Yorkville, IL child custody lawyer today.

At Goostree Law Group, we bring decades of legal experience to the table, and we have handled many child custody cases. We can argue for your rights in court as we work toward a suitable parenting time arrangement.

How Do Courts Make Decisions About Parenting Time in 2026?

Illinois courts decide parenting time based on the child’s best interests (750 ILCS 5/602.7). There is no automatic rule giving each parent half of the available time. Instead, a judge looks at the family’s circumstances and considers many factors.

These factors include each parent’s preferences and the child’s wishes, depending on the child’s maturity. The court may look at how much caretaking each parent performed during the previous two years. Additionally, the judge can consider the child’s relationship with parents, siblings, and other important people.

Practical issues are taken into account, too. The court may review the distance between the parents’ homes, transportation concerns, work schedules, school schedules, and the child’s adjustment to home, school, and the community. The child’s needs and each parent’s ability to put those needs first are important.

Judges may also consider abuse, threats of violence, and whether either parent should have restrictions placed on parenting time. This is not a complete list, but these are some of the main factors Illinois courts consider during a divorce.

Is a 50/50 Split of Child Custody Possible?

Parents can have an equal or nearly equal parenting schedule in Illinois. For example, a child might alternate weeks between homes. Parents may also use a schedule that divides each week between them.

A 50/50 arrangement tends to require careful planning. The parents may need to live close enough to make school transportation and activities manageable. Their work schedules may also affect whether equal time is practical. The child’s age, routine, and needs can influence the schedule.

Parents can submit an agreed parenting plan to the court. If they cannot agree, the judge can decide how parenting time should be divided. The final schedule does not have to be equal simply because both parents want substantial time with the child.

How Does 50/50 Custody Affect Child Support Obligations?

Equal parenting time does not automatically eliminate child support. Illinois calculates support using both parents’ incomes and other factors. The amount of parenting time can also affect the calculation.

Illinois law uses a shared-care calculation when each parent has at least 146 overnights with the child per year. The formula considers each parent’s share of combined adjusted net income and the amount of time the child spends with each parent.

As a result, a parent may still pay child support even when parenting time is divided equally. This may apply in cases where there is a meaningful difference between the parents’ incomes. Other child-related expenses may also need to be addressed.

Can I Get Full Custody in an Illinois Divorce?

Illinois starts with the presumption that both parents are fit. Courts do not restrict parenting time simply because the parents have a difficult relationship or one parent believes the other is less capable. Restrictions can become appropriate when a child faces serious harm. Under state law, after a hearing, a court must take protective action if it finds that a parent engaged in conduct that seriously endangered the child’s mental, moral, or physical health or significantly impaired the child’s emotional development. These cases tend to revolve around serious allegations of abuse or neglect.

Depending on the facts, the court may reduce, supervise, adjust, or even eliminate a parent’s parenting time. It may also impose conditions designed to protect the child. Eliminating parenting time is a serious restriction, so these cases depend heavily on the evidence presented to the court.

Is Decision-Making Responsibility Split Equally in Illinois?

No. Decision-making responsibility does not have to be split equally. Parenting time and decision-making responsibilities are separate issues. A parent can have substantial parenting time without sharing every major decision equally. Illinois courts can give significant decision-making responsibilities to one parent or both parents. These decisions can cover education, health care, religion, and extracurricular activities.

As with parenting time, the court puts the child’s best interests first when deciding how to split decision-making responsibilities. Relevant factors include the parents’ ability to cooperate, their past participation in major decisions, the child’s needs, the parents’ wishes, and any history of abuse or violence, among others.

The court can divide responsibility by subject. For example, one parent could have responsibility for education while both parents share responsibility for health decisions. During a parent’s scheduled parenting time, that parent generally handles routine decisions and emergency decisions involving the child’s health and safety.

What Is the Best Way to Come Up With a Parenting Schedule?

Parents often work together to create a parenting schedule that fits their family’s needs. A parenting plan can address weekdays, weekends, holidays, school breaks, vacations, and transportation between homes. When parents can reach an agreement, they can submit their proposed plan to the court for approval.

However, not every parenting matter can be resolved through an agreement. Parents may argue about how time should be divided or what schedule will work best for their children. When they cannot agree, they can turn to the court to make a final decision.

Contact Our Kendall County, IL Divorce Attorneys

The allocation of parenting time can affect your relationship with your child for years to come. Whether you are seeking equal parenting time, concerned about your child’s safety, or trying to resolve decision-making issues, a clear parenting plan can help protect your family.

Our Yorkville, IL child custody lawyers at Goostree Law Group can explain how Illinois law applies to your circumstances and help you pursue an arrangement focused on your child’s best interests. Contact our office today at 630-584-4800 to set up a free consultation and learn more about your options.