O'Brien Family Law

Practice Areas 

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Children & parenting

Child Custody Attorney
Illinois

When your relationship with your children is at stake, the outcome of these proceedings matters more than almost anything else. You deserve an attorney who understands that — and prepares accordingly.

Your relationship with your children is worth protecting.

Parenting matters — custody, parenting time, child support, decision-making authority — are among the most emotionally charged proceedings in family law. They are also among the most consequential. The arrangements established now will shape your day-to-day relationship with your children for years, and potentially decades, to come.

Illinois law requires courts to make decisions based on the best interest of the child — a standard that sounds straightforward but is deeply fact-specific. Every family is different. Every parenting dynamic is different. The right outcome in your case depends on a clear-eyed assessment of the facts, a thorough understanding of how Illinois courts apply the best-interest standard, and an attorney who knows how to present your case effectively.

We handle parenting matters with the same depth of preparation we bring to every case. That means understanding your family's specific circumstances before we advise on strategy — not applying a template that worked in someone else's situation.

Parenting matters — custody, parenting time, child support, decision-making authority — are among the most emotionally charged proceedings in family law. They are also among the most consequential. The arrangements established now will shape your day-to-day relationship with your children for years, and potentially decades, to come.

Illinois law requires courts to make decisions based on the best interest of the child — a standard that sounds straightforward but is deeply fact-specific. Every family is different. Every parenting dynamic is different. The right outcome in your case depends on a clear-eyed assessment of the facts, a thorough understanding of how Illinois courts apply the best-interest standard, and an attorney who knows how to present your case effectively.

We handle parenting matters with the same depth of preparation we bring to every case. That means understanding your family's specific circumstances before we advise on strategy — not applying a template that worked in someone else's situation.

"The arrangements established now will shape your relationship with your children for years. That's exactly why this work demands the preparation it deserves."

Not sure where your situation fits, or whether what you're dealing with rises to the level of needing an attorney? The first conversation is free and carries no obligation.

Schedule A Consultation
or call (630) 755-3442
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Illinois Law

Three things every Illinois parent needs to understand.

Since 2016, Illinois replaced the term "child custody" with a more precise legal framework. Here are the three concepts that govern every parenting case in Illinois — and what each one actually means for you.

Parenting Time

formerly "physical custody"

Parenting time refers to the physical schedule — when each parent has the children, including overnights, holidays, school breaks, and summer. Courts establish parenting time based on the best interest of the child, considering factors including each parent's relationship with the child, work schedules, the child's school and activities, and the ability of the parents to cooperate.

Allocation of Parental Responsibility

formerly "legal custody"

Allocation of parental responsibility refers to decision-making authority — the legal right to make major decisions about a child's education, healthcare, religion, and extracurricular activities. This can be allocated jointly or to one parent exclusively. The allocation doesn't have to mirror the parenting time arrangement — and understanding this distinction often changes how clients approach negotiations.

Best Interest of the Child

the governing standard

All parenting decisions in Illinois are governed by the best-interest-of-the-child standard under 750 ILCS 5/602.7. Courts evaluate a specific set of statutory factors — the child's adjustment to home, school, and community; each parent's willingness to facilitate the other's relationship with the child; the mental and physical health of all parties; and others. How these factors are presented and documented can significantly affect the outcome.

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What We handle

Children & parenting matters.

Illinois parenting law covers several distinct areas — each with its own legal framework and strategic considerations.

01

Parenting Time

When you and your co-parent can't agree on a schedule — or when a schedule that once worked no longer does — we help establish arrangements that protect your time with your children and hold up over the long term.

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02

Child Custody & Allocation of Parental Responsibility

Whether you're navigating an initial custody determination or a modification of an existing order, we help you understand your rights under Illinois law and build the strongest possible case for your family.

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03

Decision-Making Authority

Who has the final say on your child's schooling, medical care, and upbringing? We help parents establish clear decision-making arrangements — and enforce them when a co-parent refuses to follow the agreed terms.

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04

Child Support

Illinois calculates support using an income shares model accounting for both parents' incomes. We ensure the calculation is accurate, income is properly documented, and add-on expenses are fairly allocated.

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05

Parental Relocation

Whether you need to relocate with your children or your co-parent has announced a move, Illinois law under 750 ILCS 5/609.2 sets specific requirements governing what happens next. These cases are time-sensitive.

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06

Grandparents' Rights

Illinois law provides a petition path for grandparents who have been cut off from their grandchildren under specific circumstances. The legal standard is demanding — and we handle these matters with dedicated focus.

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What Illinois courts consider when parenting is disputed.

When parents can't agree, Illinois courts apply the best-interest standard under 750 ILCS 5/602.7 — evaluating a specific set of statutory factors. How these factors are documented and presented shapes the outcome.

Understanding which factors are most relevant in your case, and how to build a record that supports your position, is a significant part of what we do in parenting disputes — long before anyone sets foot in a courtroom.

750 ILCS 5/602.7 — Illinois courts must consider all relevant factors, including those listed below, in determining the allocation of parental responsibilities that serves the best interest of the child.

  • ï„‘
    Wishes of the Child

The child's preferences, given appropriate weight based on age and maturity. Older children's preferences carry more weight — but they are never the sole determinant.

  • ï„‘
    Adjustment to Home & School

How well the child is adjusted to their current home, school, and community — and what disruption each proposed arrangement would cause to that stability.

  • ï„‘
    Each Parent's Relationship with the Child

The nature and history of each parent's relationship — including which parent has been the primary caregiver and the quality of that bond.

  • ï„‘
    Willingness to Facilitate the Other Parent

A parent who actively undermines the other's relationship with the child — through interference, disparagement, or non-compliance — is viewed unfavorably.

  • ï„‘
    Physical & Mental Health of All Parties

The health of both parents and the child, including any history of domestic violence, substance abuse, or mental illness that bears on parenting capacity.

  • ï„‘
    Distance Between Households

The geographic distance between the parents' homes and the practical impact on the child's daily routine, school schedule, and time with each parent.

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    Prior Agreements & History

Any prior agreements between the parents — formal or informal — and the history of how those arrangements have actually been followed in practice.

  • ï„‘
    Ability to Cooperate & Co-Parent

The ability and willingness of the parents to cooperate — particularly relevant to whether joint decision-making authority is appropriate.

"Parenting arrangements don't stop mattering when the judgment is entered. Neither do we."

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Common Questions

Questions clients ask before they call.

These are the questions prospective clients most often raise before their first consultation. We've answered them honestly — because informed clients make better decisions, and that's better for everyone.

Can I get sole custody of my child in Illinois?

Illinois courts can allocate parenting time and decision-making authority exclusively to one parent — but they don't use the term "sole custody" in the way it's commonly understood. A court will restrict or eliminate one parent's parenting time or decision-making authority when there is evidence that contact would seriously endanger the child's physical, mental, moral, or emotional health. Factors like domestic violence, substance abuse, or severe parental alienation can support such a determination. Courts generally prefer arrangements that preserve both parents' relationships with the child when it's safe to do so.

How does Illinois determine the parenting time schedule?

If the parents can agree on a schedule, Illinois courts will generally approve it as long as it serves the child's best interest. When parents can't agree, the court determines a schedule based on the statutory best-interest factors — including each parent's relationship with the child, work schedules, the child's school and activities, the distance between homes, and the parents' ability to cooperate. There is no default presumption of equal parenting time in Illinois, though equal or near-equal schedules are common when both parents are actively involved and geographically close.

What if my co-parent isn't following the parenting plan?

Violations of a court-ordered parenting plan are taken seriously in Illinois. The complying parent can file a petition for rule to show cause — essentially a contempt action — asking the court to enforce the order and impose consequences. Remedies can include makeup parenting time, modification of the parenting plan, attorney fee awards, and in serious cases, changes to the allocation of parental responsibility. Document violations carefully — dates, times, and specifics matter when you bring an enforcement action.

Can a parenting plan be modified after it's entered?

Yes — parenting arrangements can be modified when there has been a substantial change in circumstances since the original order and modification serves the child's best interest. Common grounds include a significant change in a parent's work schedule, a child's changing needs as they grow, a parent's relocation, or a material change in the co-parenting dynamic. Within the first two years of a parenting order, courts require a showing that the current arrangement is seriously endangering the child. After two years, the standard is more accessible.

At what age can a child decide which parent to live with?

There is no specific age in Illinois at which a child gets to "choose" where they live. A child's preference is one of the statutory best-interest factors, and courts give it more weight as the child gets older and more mature. As a practical matter, the preferences of teenagers are often given significant weight — particularly when the child can articulate a reasoned preference. But a judge is not bound by those preferences and will consider them alongside all other relevant factors.

How is child support calculated in Illinois?

Illinois uses an income shares model — both parents' net incomes factor into the calculation, not just the non-custodial parent's. The state's guidelines produce a basic support obligation based on combined net income and the number of children, allocated proportionally based on each parent's share of that income. Add-on expenses — health insurance, child care, and extraordinary medical costs — are allocated proportionally as well. Courts can deviate from the guidelines when the standard result would be inappropriate given the specific circumstances.
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Where we practice

Child Custody Attorney Serving Chicagoland

O'Brien Family Law represents parents in custody, parenting time, child support, relocation, and grandparents' rights matters throughout Cook, DuPage, Kane, Kendall, Lake, and Will County. We regularly appear in the circuit courts of each county and bring genuine local familiarity to every case.

Whether your matter is in Wheaton, Aurora, Joliet, Waukegan, or Yorkville — we understand the judicial culture and procedural expectations of each courthouse, and we bring that knowledge to every parenting case from the first consultation forward.

Your relationship with your children is worth protecting.

The first conversation is free, confidential, and carries no obligation. We'll listen to your situation and give you an honest picture of your options under Illinois law.

CALL DIRECTLY

(630) 755-3442

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