ILCS » Chapter 750 · Act 5
Illinois Compiled Statutes

750 ILCS 5/602.1 (2026)

(Repealed)

✓ current as of May 2026
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(750 ILCS 5/602.1) (from Ch. 40, par. 602.1)
    Sec. 602.1. (Repealed).
(Source: P.A. 96-651, eff. 1-1-10. Repealed by P.A. 99-90, eff. 1-1-16.)

    
Notes of Decisions
Cited in 37 cases, 1993–2016 · leading case: In re Oliver B., 2016 IL App (2d) 151136 (Ill. App. Ct. 2016).
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In re Oliver B., 2016 IL App (2d) 151136 (Ill. App. Ct. 2016). · cites it 4× “750 ILCS 5/602.1 (West 2014); see also Pub.”
In re Marriage of Waddick, 869 N.E.2d 1089 (Ill. App. Ct. 2007). · cites it 4× “1(b) of the Illinois Marriage and Dissolution of Marriage Act (Act) (750 ILCS 5/602.1(b) (West 2004)), joint custody means "custody determined pursuant to a Joint Parenting Agreement or a Joint Parenting Order.”
In re Marriage of Duffy, 718 N.E.2d 286 (Ill. App. Ct. 1999). · cites it 8× “See 750 ILCS 5/602.1 (West 1998). Section 602.”
In Re Marriage of Swanson, 656 N.E.2d 215 (Ill. App. Ct. 1995). · cites it 5× “1(b) of the Illinois Marriage and Dissolution of Marriage Act (Act) (750 ILCS 5/602.1(b) (West 1992)). The parties could not reach agreement, and in May 1994, the court entered an order of joint custody, including a joint parenting order drafted by the court.”
In Re Marriage of Siegel, 648 N.E.2d 607 (Ill. App. Ct. 1995). · cites it 6× “Pursuant to the statute, parents are joint custodians of the children, but one parent is generally charged with the responsibility of providing the "physical residence" (750 ILCS 5/602.1(d)(1), (d)(2) (West 1992)) for the children or is designated the primary residential parent.”
People v. Warren, 671 N.E.2d 700 (Ill. 1996). · cites it 2× “See 750 ILCS 5/602.1 (West 1994). Unlike in the case of a divorced custodial parent, the Dissolution Act does not mandate visitation for joint custodial parents.”
In Re Marriage of Wycoff, 639 N.E.2d 897 (Ill. App. Ct. 1994). · cites it 2× “The legislative presumption of section 610 was held to apply, not just to the change of the primary custodian, but to the termination of the joint custody arrangement itself.”
In Re Marriage of Wanstreet, 847 N.E.2d 716 (Ill. App. Ct. 2006). · cites it 2× “See 750 ILCS 5/602.1 (West 2004); In re Marriage of Dobey, 258 Ill.”
In Re Marriage of McCoy, 650 N.E.2d 3 (Ill. App. Ct. 1995). · cites it 4× “(750 ILCS 5/602.1(b) (West 1992).) Joint custody is defined as "custody determined pursuant to a Joint Parenting Agreement or a Joint Parenting Order.”
In Re Marriage of Capitani, 858 N.E.2d 547 (Ill. App. Ct. 2006). · cites it 2× “) 750 ILCS 5/602.1(b), (c) (West 2004). The order specifying the nature and extent of visitation for the nonresidential parent here was not realized until July 1, 2005, and therefore was not final and appealable *549 prior to July 1, 2005.”
In Re Marriage of Lasky, 678 N.E.2d 1035 (Ill. 1997). · cites it 2× “]” 750 ILCS 5/602.1 (West 1994). Section 610(b): "The court shall not modify a prior custody judgment unless it finds by clear and convincing evidence, upon the basis of facts that have arisen since the prior judgment or that were unknown to the court at the time of entry of the…”
Martinez v. Cahue, 826 F.3d 983 (7th Cir. 2016). “See 750 ILCS 5/602.1(b) (2013). Moreover, joint custody is not the default option: a court may confer joint custody only “if it determines that joint custody would be in the best interests of the child.”
Show all 37 citing cases →
— 750 ILCS 5/602.1(a) — 5 cases
In Re Marriage of Siegel, 648 N.E.2d 607 (Ill. App. Ct. 1995). “Pursuant to the statute, parents are joint custodians of the children, but one parent is generally charged with the responsibility of providing the "physical residence" (750 ILCS 5/602.1(d)(1), (d)(2) (West 1992)) for the children or is designated the primary residential parent.”
In Re Est. of Downey, 687 N.E.2d 339 (Ill. App. Ct. 1997).
In re Marriage of Perez, 2015 IL App (3d) 140876 (Ill. App. Ct. 2015).
In re Marriage of Perez, 2015 IL App (3d) 140876 (Ill. App. Ct. 2015).
In re Est. of Downey (Ill. App. Ct. 1997).
— 750 ILCS 5/602.1(b) — 14 cases
In re Marriage of Waddick, 869 N.E.2d 1089 (Ill. App. Ct. 2007). “1(b) of the Illinois Marriage and Dissolution of Marriage Act (Act) (750 ILCS 5/602.1(b) (West 2004)), joint custody means "custody determined pursuant to a Joint Parenting Agreement or a Joint Parenting Order.”
In re Marriage of Duffy, 718 N.E.2d 286 (Ill. App. Ct. 1999). “See 750 ILCS 5/602.1 (West 1998). Section 602.”
In re Oliver B., 2016 IL App (2d) 151136 (Ill. App. Ct. 2016). “750 ILCS 5/602.1 (West 2014); see also Pub.”
In Re Marriage of Capitani, 858 N.E.2d 547 (Ill. App. Ct. 2006). “) 750 ILCS 5/602.1(b), (c) (West 2004). The order specifying the nature and extent of visitation for the nonresidential parent here was not realized until July 1, 2005, and therefore was not final and appealable *549 prior to July 1, 2005.”
Martinez v. Cahue, 826 F.3d 983 (7th Cir. 2016). “See 750 ILCS 5/602.1(b) (2013). Moreover, joint custody is not the default option: a court may confer joint custody only “if it determines that joint custody would be in the best interests of the child.”
— 750 ILCS 5/602.1(c) — 13 cases
In Re Marriage of Swanson, 656 N.E.2d 215 (Ill. App. Ct. 1995). “1(b) of the Illinois Marriage and Dissolution of Marriage Act (Act) (750 ILCS 5/602.1(b) (West 1992)). The parties could not reach agreement, and in May 1994, the court entered an order of joint custody, including a joint parenting order drafted by the court.”
In Re Marriage of Seitzinger, 775 N.E.2d 282 (Ill. App. Ct. 2002).
Hall v. Melton, 732 N.E.2d 11 (Ill. App. Ct. 2000).
In Re Marriage of Hahin, 644 N.E.2d 4 (Ill. App. Ct. 1994).
In Re Marriage of McCoy, 650 N.E.2d 3 (Ill. App. Ct. 1995). “(750 ILCS 5/602.1(b) (West 1992).) Joint custody is defined as "custody determined pursuant to a Joint Parenting Agreement or a Joint Parenting Order.”
— 750 ILCS 5/602.1(c)(1) — 8 cases
In Re Marriage of Wycoff, 639 N.E.2d 897 (Ill. App. Ct. 1994). “The legislative presumption of section 610 was held to apply, not just to the change of the primary custodian, but to the termination of the joint custody arrangement itself.”
In re Oliver B., 2016 IL App (2d) 151136 (Ill. App. Ct. 2016). “750 ILCS 5/602.1 (West 2014); see also Pub.”
In re Marriage of Duffy, 718 N.E.2d 286 (Ill. App. Ct. 1999). “See 750 ILCS 5/602.1 (West 1998). Section 602.”
In Re Marriage of Swanson, 656 N.E.2d 215 (Ill. App. Ct. 1995). “1(b) of the Illinois Marriage and Dissolution of Marriage Act (Act) (750 ILCS 5/602.1(b) (West 1992)). The parties could not reach agreement, and in May 1994, the court entered an order of joint custody, including a joint parenting order drafted by the court.”
Pierce v. Pierce, 620 N.E.2d 726 (Ind. Ct. App. 1993).
— 750 ILCS 5/602.1(c)(l) — 2 cases
In Re Marriage of Lasky, 678 N.E.2d 1035 (Ill. 1997). “]” 750 ILCS 5/602.1 (West 1994). Section 610(b): "The court shall not modify a prior custody judgment unless it finds by clear and convincing evidence, upon the basis of facts that have arisen since the prior judgment or that were unknown to the court at the time of entry of the…”
In Re Marriage of McCoy, 650 N.E.2d 3 (Ill. App. Ct. 1995). “(750 ILCS 5/602.1(b) (West 1992).) Joint custody is defined as "custody determined pursuant to a Joint Parenting Agreement or a Joint Parenting Order.”
— 750 ILCS 5/602.1(d) — 2 cases
In Re Marriage of Swanson, 656 N.E.2d 215 (Ill. App. Ct. 1995). “1(b) of the Illinois Marriage and Dissolution of Marriage Act (Act) (750 ILCS 5/602.1(b) (West 1992)). The parties could not reach agreement, and in May 1994, the court entered an order of joint custody, including a joint parenting order drafted by the court.”
In re Marriage of Perez, 2015 IL App (3d) 140876 (Ill. App. Ct. 2015).
— 750 ILCS 5/602.1(d)(1) — 1 case
In Re Marriage of Siegel, 648 N.E.2d 607 (Ill. App. Ct. 1995). “Pursuant to the statute, parents are joint custodians of the children, but one parent is generally charged with the responsibility of providing the "physical residence" (750 ILCS 5/602.1(d)(1), (d)(2) (West 1992)) for the children or is designated the primary residential parent.”
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