Custody Schedule Examples in Illinois

What custody schedules do Illinois parents use?

Illinois parents use many schedules, and the parenting time statute does not require any one pattern. The law requires a parenting plan that sets the child's living arrangements and each parent's parenting time, either through a schedule of where the child lives on given days or a formula detailed enough to be enforced later (750 ILCS 5/602.10(f)(2)). Illinois law uses "parenting time" for what many people still call custody or visitation.

These are some familiar patterns. The overnight counts are for a regular two-week cycle, before holidays.

50/50 schedule examples

Three common 50/50 patterns are week on, week off; 2-2-5-5; and 2-2-3. Each gives both parents 7 of every 14 overnights. They differ in how often the child moves between homes and how long the child goes without seeing each parent.

Week on, week off

Week on, week off custody means the child spends seven days with one parent, then seven with the other. There are only two exchanges in two weeks. Some families with older children choose it, and it can work when parents live farther apart. The tradeoff is a full week away from each parent. Some families add a short midweek dinner with the other parent.

2-2-5-5

One parent always has Monday and Tuesday, the other always has Wednesday and Thursday, and the weekends alternate, so each parent has a five-day stretch every other week. The fixed weekdays make activities and school routines predictable.

2-2-3

The child moves more often, so neither parent goes more than three days without the child. Some parents choose it for younger children. It also means more exchanges, so it is easier when the homes are close and exchanges go smoothly.

For how often fathers end up with equal time, see how often fathers get 50/50 custody in Illinois.

Every other weekend and other schedules

When equal time does not fit, parents can use alternate weekends with midweek time, a modified schedule for a very young child, or a long-distance plan built around school breaks.

Every other weekend with a midweek visit

In every other weekend custody, one parent has the child from Friday after school to Sunday evening every other weekend, plus one weekday evening or overnight each week. In the sample above, with a midweek overnight each week, that is 4 of 14 overnights. Ending the weekend on Monday morning at school raises the count to 5, and a midweek evening visit instead of an overnight lowers it to 2. School drop-offs can replace face-to-face exchanges, which helps when the parents do not get along.

Schedules for infants and toddlers

Parents of very young children sometimes choose shorter, more frequent time with each parent instead of long stretches away from either one. A plan can start that way and step up to a longer pattern as the child grows, with the dates or ages for each step written into the plan. For a child under 2, the court looks at each parent's caretaking since the child's birth (750 ILCS 5/602.7(b)(3)).

Long-distance schedules

When parents live far apart, the child generally attends school from one home and spends long weekends, most of the summer and part of each school break with the other parent. The court considers the distance between the homes, the cost and difficulty of transportation, the schedules of the parents and the child, and the parents' ability to cooperate (602.7(b)(9)). The plan must cover communication with the child during the other parent's time, including electronic communication (602.10(f)(11)). If a move is planned, read about child relocation in Chicago.

Holidays, school breaks and summers

Write holidays and breaks into the plan separately from the regular schedule, and say which one controls when they overlap. Without that sentence, a holiday that falls on a regular weekend invites a dispute.

• Alternate major holidays by odd and even years, or split the day.
• Divide winter break in halves, and alternate which parent has the first half.
• Set summer vacation blocks, with a deadline each spring to choose dates.
• Give each parent Mother's Day or Father's Day, and decide how birthdays work.
• State start and end times, and who handles transportation.

The plan must include transportation arrangements between the parents (602.10(f)(10)). If you want a right of first refusal, the plan must say how it works, including the length of child care that triggers it, notice and transportation (602.10(f)(14)). See the right of first refusal, school schedules and parenting time, and our seasonal guide to Halloween co-parenting.

How Illinois judges choose a schedule

If the parents agree on a written plan and the court approves it, that plan controls. Otherwise the court allocates parenting time according to the child's best interests (602.7(a), (b)).

An agreed plan must be in writing and signed by both parents, and it is binding on the court unless the court finds it is not in the child's best interests (602.10(d)). Parents must file a proposed plan within 120 days after service or the filing of a petition for allocation of parental responsibilities, and the court orders mediation unless impediments to mediation exist (602.10(a), (c)).

When the judge decides, the court considers all relevant factors (602.7(b)), including:

• the wishes of each parent, and the child's wishes, taking into account the child's maturity;
• the time each parent spent on caretaking in the 24 months before the petition;
• the child's adjustment to home, school and community, and the child's needs;
• the distance between homes, daily schedules and the parents' ability to cooperate;
• each parent's willingness to put the child's needs first and to encourage the child's relationship with the other parent; and
• any violence, threats or abuse.

At a trial or hearing, the court determines a plan that maximizes the child's relationship and access to both parents, and ensures that the access and the overall plan are in the child's best interests (602.10(g)). Our guide to allocation of parental responsibilities covers decision-making as well.

Writing a schedule the court can enforce

Use exact days, times and exchange places, so a judge can tell whether the schedule was followed. "Reasonable time as agreed" gives a judge nothing to enforce. "Every other Friday from 5:00 p.m. to Sunday at 6:00 p.m., exchange at the child's school or the front door of the other parent's home" does.

The statute asks for exactly this kind of detail: a schedule that designates in which parent's home the child will reside on given days, or a formula or method detailed enough to be enforced in a later proceeding (602.10(f)(2)). If a parent does not follow allocated parenting time, the court can order makeup time of the same type and duration, among other remedies (750 ILCS 5/607.5(c)). As children grow, schedules change; see when to modify a parenting plan.

Getting help with a parenting plan

A lawyer can draft a schedule that fits your family and is detailed enough to enforce, review a plan the other parent proposes, or represent you at a hearing. Our child custody lawyer in Chicago page explains how the firm handles parenting cases in Chicago and Cook, DuPage, Lake and Will Counties, from its office in Chicago.

If you are handling your case yourself, Self Represented Documents costs $399. The fee includes covered document preparation, attorney document review and one sixty-minute advice call; you handle filing, service and court dates. See divorce and custody without a lawyer. Limited scope help covers drafting from $500 and one hearing appearance from $1,200. Full representation is an initial payment of $1,500 to $2,500, then $500 to $650 per month beginning 30 days after the initial payment while representation remains active. Fees are confirmed in writing before you engage the firm, and no lawyer can promise a particular result.

Consultations are by phone; a free weekend consultation is available by Zoom. Call 312-965-5618.