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How To Get 50/50 Joint Custody in An Illinois Divorce or Parentage Action by Russell D. Knight

Are you navigating a divorce or parentage action in Chicago and wondering how to get 50/50 joint custody in Illinois? This video covers everything you need to know about achieving equal parenting time, decision-making responsibility, and building a solid parenting plan that serves your child’s best interests. We focus on clear legal strategies that work within the Illinois family law system and offer practical insights into the court process.

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In Illinois, the law no longer uses the term “custody.” Instead, the court focuses on two key concepts: parenting time and decision-making responsibility. Parenting time refers to the schedule of when each parent is with the child, while decision-making responsibility refers to who makes major decisions related to education, health, religion, and extracurricular activities. To secure a 50/50 arrangement, both parents must present a plan that the court finds aligns with the best interests of the child under 750 ILCS 5/602.5 and 750 ILCS 5/602.7.

The first step is to propose an Agreed Allocation of Parenting Time and Parenting Responsibilities. By submitting a parenting plan within 120 days, as required by 750 ILCS 5/602.10, you set the stage for a cooperative approach. A well-drafted plan can include equal parenting time and shared decision-making, even without explicitly stating “50/50 custody.” Various equal parenting schedules—like 3/4/4/3, 5/2/2/5, and week-on/week-off—can be tailored to fit your family’s needs and lifestyle.

If agreement isn’t possible, mediation becomes the next required step. Illinois courts generally order mediation, either through Cook County’s Family Mediation Services or private mediators. During mediation, you can push for equal time and ensure that your position is presented. Even if you don’t reach a full agreement, the process lays the groundwork for your next opportunity: the involvement of a guardian ad litem (GAL), per 750 ILCS 5/506.

A GAL investigates the child’s circumstances and makes a recommendation to the court, which often becomes the final order. This makes it critical to cooperate, communicate effectively, and provide any necessary follow-up to meet benchmarks the GAL identifies. By doing so, you help ensure that the GAL's report supports your request for 50/50 parenting time.

If you're still short of equal time after the initial agreement, you can return to court to modify the parenting plan. Under 750 ILCS 5/610.5, you can request changes if there's a significant change in circumstances, such as a new job or home, that makes a 50/50 schedule more practical. Additionally, the “right of first refusal,” outlined in 750 ILCS 5/602.3, can give you more parenting time if the other parent is unavailable during their scheduled time.

We also discuss how parenting time affects child support. If each parent has 146 or more overnights per year, support is calculated differently under 750 ILCS 5/505(a)(3.8), potentially reducing the financial burden.

Whether you're just starting the process or preparing to modify an existing agreement, this video provides a clear path toward equal parenting in Chicago. Watch now to understand your rights and options under Illinois law.

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