Child Custody Lawyer in DuPage County

When most parents picture a custody case, they picture a fight over where the child will live and who gets the final say. That instinct is understandable, but Illinois moved away from the word “custody” altogether in 2016. Understanding what replaced it is the first step toward protecting your time and your role in your child’s life.

What “Child Custody” Means in Illinois Today

In 2016, a rewrite of the Illinois Marriage and Dissolution of Marriage Act removed the old custody labels entirely. Courts in DuPage County no longer decide who “wins custody.” Instead, they allocate two distinct sets of rights between parents.

The first is significant decision-making responsibility, governed by 750 ILCS 5/602.5. This covers the major decisions in your child’s life. The second is parenting time, governed by 750 ILCS 5/602.7, which covers the schedule of when your child is with each parent. Both are decided under one standard: the best interests of the child.

This matters because the old shorthand still shapes how people think. A parent who wants “full custody” is usually describing a mix of sole decision-making and a majority of parenting time. The court will not grant that as a single prize. It allocates each piece separately, based on your family’s specific facts.

Old Terms vs. Current Illinois Terms

If you have heard these older phrases, here is what they map to under current Illinois law.

Significant Decision-Making Responsibilities

Decision-making authority is defined at 750 ILCS 5/602.5. It gives a parent the right to make major, long-term choices for a child. Illinois law breaks this into four specific areas:

A court can assign these areas jointly, so both parents decide together, or it can allocate one or more areas to a single parent. Courts in DuPage County generally prefer shared decision-making when parents can cooperate. When cooperation has broken down, or when joint decisions would harm the child, a judge may give one parent sole authority over some or all of these categories.

Decision-making is only one half of the picture. To understand the full scope of a parent’s role, you also need to look at parenting time. You can learn more about the range of issues we handle on our DuPage County parental rights page.

Parenting Time in DuPage County

Parenting time, set out in 750 ILCS 5/602.7, replaced the old ideas of physical custody and visitation. The change was deliberate. Both parents are actively raising the child during their time, not simply visiting.

Illinois law presumes that both parents are fit and that both should have meaningful time with their child. A schedule typically covers regular weekdays and weekends, holidays, and extended time during school breaks. Many DuPage County parents reach a workable schedule through agreement or mediation. When they cannot, the court sets one that serves the child’s stability.

Illinois also recognizes a right of first refusal under 750 ILCS 5/602.3. If included in your parenting plan, it gives one parent the chance to care for the child before the other arranges outside childcare during their scheduled time.

Joint vs. Sole Custody Under the Allocation Model

Parents still ask whether they will get “joint” or “sole” custody. Those words no longer appear in Illinois orders, but the ideas behind them still matter. Here is how they translate:

The right structure depends entirely on your family. A parent who cannot make joint decisions today may still have a strong parenting-time schedule. We help you understand which arrangement the facts support before you set expectations.

How DuPage County Courts Decide: The Best Interests Standard

Every allocation decision in Illinois turns on the best interests of the child. That phrase is not left to a judge’s mood. The statute lists specific factors a court must weigh under 750 ILCS 5/602.7 for parenting time and 750 ILCS 5/602.5 for decision-making. These are some of the factors that carry the most weight.

No single factor decides a case. A judge weighs them together against your family’s facts. This is why two families with similar situations can still receive different orders.

What a DuPage County Court Cannot Consider

Illinois law also tells judges what to leave out. Under 750 ILCS 5/602.7(c), a court may not consider conduct by a parent that does not affect that parent’s relationship with the child.

What “Custodial Parent” Really Means Now

Some Illinois documents still use the term “custodial parent,” and it causes real confusion. It is worth clearing up, because parents often fight over a label that carries far less power than they think.

Under 750 ILCS 5/606.10, the parent with the majority of parenting time is designated the custodial parent for one narrow purpose: it identifies whose address sets the child’s school district. That is the extent of it. The designation does not grant decision-making authority, and it does not mean that parent has “won.” Your rights come from the specific terms of your allocation judgment, not from a title.

The Parenting Plan and the DuPage County Process

At the center of every allocation case is the parenting plan. It is the written document that sets out decision-making and parenting time in detail. Illinois law requires both parents to file a proposed plan under 750 ILCS 5/602.10.

Here is how a DuPage County allocation case generally moves forward:

1. Petition filed. A case begins when a parent files for allocation under 750 ILCS 5/601.2, or as part of a divorce.
2. Parenting plans filed. Each parent submits a proposed plan within 120 days.
3. Mediation. The court typically orders mediation to help parents resolve differences on their own.
4. Guardian ad Litem or child representative. If disputes remain, the court may appoint one under 750 ILCS 5/506 to look out for the child’s interests.
5. Hearing. Unresolved issues are decided at the 18th Judicial Circuit in Wheaton.
6. Allocation judgment. The court enters the final order that governs decision-making and parenting time.

Our office in Oakbrook Terrace serves parents throughout DuPage County, including Naperville, Downers Grove, Lombard, Elmhurst, Glen Ellyn, Wheaton, and Oak Brook. Cases in these communities are generally heard at the DuPage County courthouse in Wheaton.

When Parenting Time or Responsibilities Can Be Restricted

Illinois presumes both parents should have meaningful involvement, but that presumption is not absolute. Under 750 ILCS 5/603.10, a court can restrict a parent’s parenting time or responsibilities when it finds, by a preponderance of the evidence, that the parent’s conduct seriously endangers the child’s physical, mental, moral, or emotional health.

Restrictions can include supervised parenting time, a reduced schedule, or a requirement that a parent complete counseling or a treatment program. These findings are serious, and the burden falls on the parent asking for the restriction. If you are seeking protection for your child, or defending against an accusation, the specific evidence is what drives the outcome.

Related DuPage County Custody Matters

Working With Our DuPage County Family Law Team

Our family law practice is led by Alexander Sendlak, who represents parents throughout DuPage County and the surrounding counties. The firm has focused on this community since 1990, and our office sits in Oakbrook Terrace, minutes from the Wheaton courthouse.

We keep our approach direct. We tell you what Illinois law actually allows, what the facts of your case support, and what to expect at each step. Consultations are free and available 24/7, and we assist clients in English and Spanish. When your relationship with your child is at stake, you deserve straight answers and a clear plan.