Can I Get Full Custody of My Children in Illinois?

 Posted on March 31, 2025 in Child Custody

When a parent considers divorce or separation, one of the most emotionally charged questions is often, "Will I lose time with my children?" For many parents, the idea of "full custody" feels like the only way to protect their bond and ensure their child’s safety.

In Illinois, the path to full custody is not always straightforward. The laws have shifted in recent years, focusing more on cooperation and the child’s best interests. However, in situations involving conflict or neglect, one parent may want to secure greater authority and time with the child. An Illinois family law attorney can help you understand your rights and fight for a parenting arrangement that prioritizes your child’s well-being.

What Does "Full Custody" Mean in Illinois?

Illinois no longer uses the term "custody" in the legal sense. Instead, the law refers to "parental responsibilities" and "parenting time." Under the Illinois Marriage and Dissolution of Marriage Act, parental responsibilities include decision-making for the child’s education, healthcare, religion, and extracurricular activities.

What many people call "full custody" typically means having the majority of parenting time and sole decision-making authority. The court can grant this if it is determined to be in the child’s best interests.

How Do Illinois Courts Decide Who Gets Parental Responsibilities?

Illinois courts focus on the best interests of the child when determining parental responsibilities. No single factor is decisive; instead, the court weighs all relevant circumstances, including:

• The wishes of each parent and the child (if the child is mature enough to express them)

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

• The mental and physical health of all parties

• Each parent’s willingness to support the child’s relationship with the other parent

• Any history of abuse or neglect

• The extent of each parent’s participation in past decision-making

Can One Parent Be Awarded All Parental Responsibilities?

The courts might award one parent all decision-making authority and the majority of parenting time if the other parent:

• Has a history of domestic violence

• Is absent or uninvolved in the child's life

• Has substance abuse or mental health issues that impair parenting abilities

• Consistently puts the child’s safety at risk

Even in these cases, courts often encourage some form of visitation unless it would seriously endanger the child’s mental, physical, or emotional health.

Do I Need to Prove the Other Parent Is Unfit?

You do not have to prove the other parent is unfit to be awarded a majority of parenting time or sole decision-making authority. However, if you want the court to limit or eliminate the other parent’s involvement, you will need strong evidence showing that shared parenting would harm the child.

Can I Modify an Existing Parenting Plan to Get Full Custody?

Parenting plans can be modified, but only under specific circumstances. To request a modification within the first two years after it was created, you must show that the child is in serious danger. After that two-year period has passed, you can seek changes by showing that there has been a substantial change in circumstances and that a new plan would be better for the child.

Contact a Kane County, IL Family Law Attorney

If you are seeking full custody or have questions about your parental rights, contact a St. Charles, IL child custody lawyer at Goostree Law Group. Our team can help you navigate Illinois law and advocate for the parenting arrangement that best supports your child’s future. Call 630-584-4800 to schedule a free consultation.