Illinois Compiled Statutes

750 ILCS 5/602.7 (2026)

Allocation of parental responsibilities: parenting time

✓ current as of May 2026
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(750 ILCS 5/602.7)
    Sec. 602.7. Allocation of parental responsibilities: parenting time.
    (a) Best interests. The court shall allocate parenting time according to the child's best interests.
    (b) Allocation of parenting time. Unless the parents present a mutually agreed written parenting plan and that plan is approved by the court, the court shall allocate parenting time. It is presumed both parents are fit and the court shall not place any restrictions on parenting time as defined in Section 600 and described in Section 603.10, unless it finds by a preponderance of the evidence that a parent's exercise of parenting time would seriously endanger the child's physical, mental, moral, or emotional health.
    In determining the child's best interests for purposes of allocating parenting time, the court shall consider all relevant factors, including, without limitation, the following:
        (1) the wishes of each parent seeking parenting time;
        (2) the wishes of the child, taking into account the
    
child's maturity and ability to express reasoned and independent preferences as to parenting time;
        (3) the amount of time each parent spent performing
    
caretaking functions with respect to the child in the 24 months preceding the filing of any petition for allocation of parental responsibilities or, if the child is under 2 years of age, since the child's birth;
        (4) any prior agreement or course of conduct between
    
the parents relating to caretaking functions with respect to the child;
        (5) the interaction and interrelationship of the
    
child with his or her parents and siblings and with any other person who may significantly affect the child's best interests;
        (6) the child's adjustment to his or her home,
    
school, and community;
        (7) the mental and physical health of all individuals
    
involved;
        (8) the child's needs;
        (9) the distance between the parents' residences, the
    
cost and difficulty of transporting the child, each parent's and the child's daily schedules, and the ability of the parents to cooperate in the arrangement;
        (10) whether a restriction on parenting time is
    
appropriate;
        (11) the physical violence or threat of physical
    
violence by the child's parent directed against the child or other member of the child's household;
        (12) the willingness and ability of each parent to
    
place the needs of the child ahead of his or her own needs;
        (13) the willingness and ability of each parent to
    
facilitate and encourage a close and continuing relationship between the other parent and the child;
        (14) the occurrence of abuse against the child or
    
other member of the child's household;
        (15) whether one of the parents is a convicted sex
    
offender or lives with a convicted sex offender and, if so, the exact nature of the offense and what if any treatment the offender has successfully participated in; the parties are entitled to a hearing on the issues raised in this paragraph (15);
        (16) the terms of a parent's military family-care
    
plan that a parent must complete before deployment if a parent is a member of the United States Armed Forces who is being deployed; and
        (17) any other factor that the court expressly finds
    
to be relevant.
    (c) In allocating parenting time, the court shall not consider conduct of a parent that does not affect that parent's relationship to the child.
    (d) Upon motion, the court may allow a parent who is deployed or who has orders to be deployed as a member of the United States Armed Forces to designate a person known to the child to exercise reasonable substitute visitation on behalf of the deployed parent, if the court determines that substitute visitation is in the best interests of the child. In determining whether substitute visitation is in the best interests of the child, the court shall consider all of the relevant factors listed in subsection (b) of this Section and apply those factors to the person designated as a substitute for the deployed parent for visitation purposes. Visitation orders entered under this subsection are subject to subsections (e) and (f) of Section 602.9 and subsections (c) and (d) of Section 603.10.
    (e) If the street address of a parent is not identified pursuant to Section 708 of this Act, the court shall require the parties to identify reasonable alternative arrangements for parenting time by the other parent including, but not limited to, parenting time of the minor child at the residence of another person or at a local public or private facility.
(Source: P.A. 99-90, eff. 1-1-16.)

    
Notes of Decisions
Cited in 105 cases (72 in the last 5 years), 2016–2026 · leading case: In re Custody of G.L., 2017 IL App (1st) 163171 (Ill. App. Ct. 2017).
In re Custody of G.L., 2017 IL App (1st) 163171 (Ill. App. Ct. 2017). · cites it 9× “750 ILCS 5/602.7 (West Supp. 2015). Although the allocation of parenting time itself is determined based upon the best interests of the child standard (750 ILCS 5/602.”
In re Custody of G.L., 2017 IL App (1st) 163171 (Ill. App. Ct. 2017). · cites it 8× “750 ILCS 5/602.7 (West Supp. 2015). Although the allocation of parenting time itself is determined based upon the best interests of the child standard (750 ILCS 5/602.”
Jameson v. Williams, 2020 IL App (3d) 200048 (Ill. App. Ct. 2020). · cites it 2× “750 ILCS 5/602.7(a) (West 2018). In arriving at that decision, the court must consider all relevant factors, including: “(1) the wishes of each parent seeking parenting time; 20 (2) the wishes of the child, taking into account the child’s maturity and ability to express reasoned…”
In re Marriage of Virgin, 2021 IL App (3d) 190650 (Ill. App. Ct. 2021). · cites it 3× “750 ILCS 5/602.7(a) (West 2018). ¶ 44 In allocating parenting time, the court shall consider all relevant factors, including (1) each parent’s wishes; (2) the child’s wishes; (3) the amount of time that each parent spent performing caretaking functions with respect to the child…”
In re Marriage of Kavchak, 2018 IL App (2d) 170853 (Ill. App. Ct. 2018). · cites it 2× “7 of the Act ( 750 ILCS 5/602.7 (West 2016) ). With respect to each of the section 609.”
In re Marriage of Hipes, 2023 IL App (1st) 230953-U (Ill. App. Ct. 2023). · cites it 6× “1-23-0953 Dissolution of Marriage Act (IMDMA) (750 ILCS 5/602.7 (West 2020)) in imposing restrictions on his parenting time; (2) the trial court’s finding of serious endangerment that led to the imposition of restrictions was against the manifest weight of the evidence; and (3)…”
E.A. v. Mary Gardner, 929 F.3d 922 (7th Cir. 2019). · cites it 2× “750 ILCS 5/602.7(b), 603.10. And this creates a problem: Gardner does not enforce any state law.”
In re Marriage of Whitehead, 2018 IL App (5th) 170380 (Ill. App. Ct. 2018). · cites it 3× “7 of the Illinois Marriage and Dissolution of Marriage Act (Act) (750 ILCS 5/602.7 (West 2016)), (2) did the trial court err in entering the parenting time schedule, (3) did the trial court err in ordering an eight-hour right of first refusal rather than a four-hour right of…”
In re Marriage of Jessica F., 2024 IL App (4th) 231264 (Ill. App. Ct. 2024). · cites it 3× “See 750 ILCS 5/602.7(b) (West 2022). ¶ 48 In parenting time modification cases like this, “ ‘there is a strong and compelling presumption in favor of the result reached by the trial court because it is in a superior position to evaluate the evidence and determine the best…”
Whitehead v. Newcomb-Whitehead, 2018 IL App (5th) 170380 (Ill. App. Ct. 2018). · cites it 3× “7 of the Illinois Marriage and Dissolution of Marriage Act (Act) ( 750 ILCS 5/602.7 (West 2016) ), (2) did the trial court err in entering the parenting time schedule, (3) did the trial court err in ordering an eight-hour right of first refusal rather than a four-hour right of…”
In re Marriage of Palarz, 2022 IL App (1st) 210618 (Ill. App. Ct. 2022). “See 750 ILCS 5/602.7 (West 2018). The court further explained that in order 7 to deviate from standard visitation, the Marriage Act requires a finding that Thomas engaged in conduct that seriously endangers G.”
In re T.M.H., 2019 IL App (2d) 190614 (Ill. App. Ct. 2021). “7 of the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5/602.7 (West 2018)). Section 602.”
— 750 ILCS 5/602.7(a) — 35 cases
In re Custody of G.L., 2017 IL App (1st) 163171 (Ill. App. Ct. 2017). “750 ILCS 5/602.7 (West Supp. 2015). Although the allocation of parenting time itself is determined based upon the best interests of the child standard (750 ILCS 5/602.”
Jameson v. Williams, 2020 IL App (3d) 200048 (Ill. App. Ct. 2020). “750 ILCS 5/602.7(a) (West 2018). In arriving at that decision, the court must consider all relevant factors, including: “(1) the wishes of each parent seeking parenting time; 20 (2) the wishes of the child, taking into account the child’s maturity and ability to express reasoned…”
In re Custody of G.L., 2017 IL App (1st) 163171 (Ill. App. Ct. 2017). “750 ILCS 5/602.7 (West Supp. 2015). Although the allocation of parenting time itself is determined based upon the best interests of the child standard (750 ILCS 5/602.”
In re Marriage of Virgin, 2021 IL App (3d) 190650 (Ill. App. Ct. 2021). “750 ILCS 5/602.7(a) (West 2018). ¶ 44 In allocating parenting time, the court shall consider all relevant factors, including (1) each parent’s wishes; (2) the child’s wishes; (3) the amount of time that each parent spent performing caretaking functions with respect to the child…”
In re Marriage of Hipes, 2023 IL App (1st) 230953-U (Ill. App. Ct. 2023). “1-23-0953 Dissolution of Marriage Act (IMDMA) (750 ILCS 5/602.7 (West 2020)) in imposing restrictions on his parenting time; (2) the trial court’s finding of serious endangerment that led to the imposition of restrictions was against the manifest weight of the evidence; and (3)…”
— 750 ILCS 5/602.7(a)(2) — 1 case
Illinois Dep't of Healthcare & Fam. Servs. v. Nana W., 2023 IL App (3d) 220196-U (Ill. App. Ct. 2023).
— 750 ILCS 5/602.7(a)(9) — 1 case
Illinois Dep't of Healthcare & Fam. Servs. v. Nana W., 2023 IL App (3d) 220196-U (Ill. App. Ct. 2023).
— 750 ILCS 5/602.7(b) — 54 cases
In re Custody of G.L., 2017 IL App (1st) 163171 (Ill. App. Ct. 2017). “750 ILCS 5/602.7 (West Supp. 2015). Although the allocation of parenting time itself is determined based upon the best interests of the child standard (750 ILCS 5/602.”
In re Custody of G.L., 2017 IL App (1st) 163171 (Ill. App. Ct. 2017). “750 ILCS 5/602.7 (West Supp. 2015). Although the allocation of parenting time itself is determined based upon the best interests of the child standard (750 ILCS 5/602.”
E.A. v. Mary Gardner, 929 F.3d 922 (7th Cir. 2019). “750 ILCS 5/602.7(b), 603.10. And this creates a problem: Gardner does not enforce any state law.”
Jameson v. Williams, 2020 IL App (3d) 200048 (Ill. App. Ct. 2020). “750 ILCS 5/602.7(a) (West 2018). In arriving at that decision, the court must consider all relevant factors, including: “(1) the wishes of each parent seeking parenting time; 20 (2) the wishes of the child, taking into account the child’s maturity and ability to express reasoned…”
In re Marriage of Virgin, 2021 IL App (3d) 190650 (Ill. App. Ct. 2021). “750 ILCS 5/602.7(a) (West 2018). ¶ 44 In allocating parenting time, the court shall consider all relevant factors, including (1) each parent’s wishes; (2) the child’s wishes; (3) the amount of time that each parent spent performing caretaking functions with respect to the child…”
— 750 ILCS 5/602.7(b)(1) — 8 cases
In re Custody of G.L., 2017 IL App (1st) 163171 (Ill. App. Ct. 2017). “750 ILCS 5/602.7 (West Supp. 2015). Although the allocation of parenting time itself is determined based upon the best interests of the child standard (750 ILCS 5/602.”
In re Marriage of Hipes, 2023 IL App (1st) 230953-U (Ill. App. Ct. 2023). “1-23-0953 Dissolution of Marriage Act (IMDMA) (750 ILCS 5/602.7 (West 2020)) in imposing restrictions on his parenting time; (2) the trial court’s finding of serious endangerment that led to the imposition of restrictions was against the manifest weight of the evidence; and (3)…”
Smith v. Small, 2022 IL App (4th) 220057-U (Ill. App. Ct. 2022).
In re Custody of G.L., 2017 IL App (1st) 163171 (Ill. App. Ct. 2017).
In re Marriage of Zagorski, 2023 IL App (2d) 220216-U (Ill. App. Ct. 2023).
— 750 ILCS 5/602.7(b)(11) — 1 case
Adams v. Cuellar, 2025 IL App (1st) 250134-U (Ill. App. Ct. 2025).
— 750 ILCS 5/602.7(b)(12) — 3 cases
In re Marriage of Cholach, 2023 IL App (1st) 221776-U (Ill. App. Ct. 2023).
In re Parentage of M.M., 2022 IL App (1st) 211144-U (Ill. App. Ct. 2022).
In re Marriage of Belt, 2026 IL App (5th) 251051-U (Ill. App. Ct. 2026).
— 750 ILCS 5/602.7(b)(13) — 3 cases
In re Marriage of Virgin, 2021 IL App (3d) 190650 (Ill. App. Ct. 2021). “750 ILCS 5/602.7(a) (West 2018). ¶ 44 In allocating parenting time, the court shall consider all relevant factors, including (1) each parent’s wishes; (2) the child’s wishes; (3) the amount of time that each parent spent performing caretaking functions with respect to the child…”
In re Marriage of Virgin, 2021 IL App (3d) 190650 (Ill. App. Ct. 2021).
In re Marriage of Belt, 2026 IL App (5th) 251051-U (Ill. App. Ct. 2026).
— 750 ILCS 5/602.7(b)(14) — 1 case
Adams v. Cuellar, 2025 IL App (1st) 250134-U (Ill. App. Ct. 2025).
— 750 ILCS 5/602.7(b)(17) — 3 cases
In re Custody of G.L., 2017 IL App (1st) 163171 (Ill. App. Ct. 2017). “750 ILCS 5/602.7 (West Supp. 2015). Although the allocation of parenting time itself is determined based upon the best interests of the child standard (750 ILCS 5/602.”
In re Custody of R.W., 2018 IL App (5th) 170377 (Ill. App. Ct. 2018).
Gregory v. Travia B. (In Re R.W.), 2018 IL App (5th) 170377 (Ill. App. Ct. 2018).
— 750 ILCS 5/602.7(b)(2) — 4 cases
In re Marriage of Jessica F., 2024 IL App (4th) 231264 (Ill. App. Ct. 2024). “See 750 ILCS 5/602.7(b) (West 2022). ¶ 48 In parenting time modification cases like this, “ ‘there is a strong and compelling presumption in favor of the result reached by the trial court because it is in a superior position to evaluate the evidence and determine the best…”
In re Marriage of Tam, 2020 IL App (2d) 190261-U (Ill. App. Ct. 2020).
In re Marriage of Ray, 2020 IL App (4th) 190564-U (Ill. App. Ct. 2020).
In re Marriage of Starr, 2026 IL App (2d) 260023-U (Ill. App. Ct. 2026).
— 750 ILCS 5/602.7(b)(3) — 3 cases
In re Custody of G.L., 2017 IL App (1st) 163171 (Ill. App. Ct. 2017). “750 ILCS 5/602.7 (West Supp. 2015). Although the allocation of parenting time itself is determined based upon the best interests of the child standard (750 ILCS 5/602.”
In re Custody of G.L., 2017 IL App (1st) 163171 (Ill. App. Ct. 2017).
In re Marriage of Jonathon P., 2025 IL App (4th) 250296-U (Ill. App. Ct. 2025).
— 750 ILCS 5/602.7(b)(4) — 3 cases
In re Marriage of Whitney H., 2021 IL App (4th) 210357-U (Ill. App. Ct. 2021).
In re Marriage of Polk, 2020 IL App (1st) 191484-U (Ill. App. Ct. 2020).
In re Marriage of Macias, 2020 IL App (1st) 191446-U (Ill. App. Ct. 2020).
— 750 ILCS 5/602.7(b)(5) — 3 cases
Smith v. Small, 2022 IL App (4th) 220057-U (Ill. App. Ct. 2022).
In re Parentage of T.T., 2022 IL App (2d) 210547-U (Ill. App. Ct. 2022).
In re Marriage of Belt, 2026 IL App (5th) 251051-U (Ill. App. Ct. 2026).
— 750 ILCS 5/602.7(b)(6) — 5 cases
In re Custody of G.L., 2017 IL App (1st) 163171 (Ill. App. Ct. 2017). “750 ILCS 5/602.7 (West Supp. 2015). Although the allocation of parenting time itself is determined based upon the best interests of the child standard (750 ILCS 5/602.”
In re Custody of G.L., 2017 IL App (1st) 163171 (Ill. App. Ct. 2017). “750 ILCS 5/602.7 (West Supp. 2015). Although the allocation of parenting time itself is determined based upon the best interests of the child standard (750 ILCS 5/602.”
In re Custody of G.L., 2017 IL App (1st) 163171 (Ill. App. Ct. 2017).
Adams v. Cuellar, 2025 IL App (1st) 250134-U (Ill. App. Ct. 2025).
In re Marriage of Belt, 2026 IL App (5th) 251051-U (Ill. App. Ct. 2026).
— 750 ILCS 5/602.7(b)(7) — 1 case
Anderson v. Gimbel, 2022 IL App (1st) 210407-U (Ill. App. Ct. 2022).
— 750 ILCS 5/602.7(b)(9) — 2 cases
In re Marriage of Virgin, 2021 IL App (3d) 190650 (Ill. App. Ct. 2021).
In re Marriage of Stock, 2020 IL App (5th) 200175-U (Ill. App. Ct. 2020).
— 750 ILCS 5/602.7(c) — 1 case
In re Marriage of Belt, 2026 IL App (5th) 251051-U (Ill. App. Ct. 2026).
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