ILCS » Chapter 750 · Act 5
Illinois Compiled Statutes

750 ILCS 5/608 (2026)

(Repealed)

✓ current as of May 2026
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(750 ILCS 5/608) (from Ch. 40, par. 608)
    Sec. 608. (Repealed).
(Source: P.A. 94-640, eff. 1-1-06. Repealed by P.A. 99-90, eff. 1-1-16.)

    
Notes of Decisions
Cited in 18 cases, 1994–2016 · leading case: In Re Marriage of Sobol, 796 N.E.2d 183 (Ill. App. Ct. 2003).
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In Re Marriage of Sobol, 796 N.E.2d 183 (Ill. App. Ct. 2003). · cites it 10× “See 750 ILCS 5/608 (a) (West 2000). In this case, petitioner, the minor children’s custodial parent, filed the motion.”
In Re Marriage of Deem, 766 N.E.2d 661 (Ill. App. Ct. 2002). · cites it 2× “2d 286, 289 (1999); 750 ILCS 5/608(a) (West 2000). Alternating or rotating custodial arrangements are viewed with disfavor, particularly with young children, as they tend to appease the selfish desires of the parties while denying the child a permanent and stable home…”
In Re Marriage of Minix, 801 N.E.2d 1201 (Ill. App. Ct. 2003). · cites it 4× “It is the view of this court that the legislature’s intent in enacting section 608 of the Dissolution Act (750 ILCS 5/608 (West 2000)) was to provide a guideline for the parties and the court in the general area of child welfare and upbringing.”
In re Marriage of Slomka, 922 N.E.2d 36 (Ill. App. Ct. 2009). · cites it 2× “2054, 2060 (2000); 750 ILCS 5/608(a) (West 2006). However, Christopher ignores the fact that Mary has equal parental rights pending dissolution of their marriage and a determination of custody.”
In Re Marriage of Seitzinger, 775 N.E.2d 282 (Ill. App. Ct. 2002). “) 750 ILCS 5/608(a) (West 2000). As we recently noted in In re Marriage of Means, 329 Ill.”
In Re Marriage of Riess, 632 N.E.2d 635 (Ill. App. Ct. 1994). · cites it 2× “) (750 ILCS 5/608(a) (West 1992).) This policy decision by the legislature is reinforced by the specific terms agreed to by the mother and father in their settlement agreement which was approved by the trial court and incorporated in the divorce decree: "the wife shall have the…”
In Re Marriage of Marshall, 663 N.E.2d 1113 (Ill. App. Ct. 1996). “A custodial parent possesses authority to "determine the child’s upbringing” (750 ILCS 5/608(a) (West 1992); In re Marriage of Ivey, 261 Ill.”
In re Marriage of Duffy, 718 N.E.2d 286 (Ill. App. Ct. 1999). “See 750 ILCS 5/608(a) (West 1998). Petitioner’s suggestion that the resolution of disagreements regarding these issues is unrelated to custody is patently without merit and warrants no further discussion.”
In Re Marriage of Haslett, 629 N.E.2d 182 (Ill. App. Ct. 1994). “366) to award custody of the child to the mother and to "order the Department of Children and Family Services to exercise continuing supervision over the case to assure that the custodial or visitation terms of the judgment are carried out” (750 ILCS 5/608(b) (West 1992)), we…”
In Re Marriage of Means, 771 N.E.2d 501 (Ill. App. Ct. 2002). “” 750 ILCS 5/608(a) (West 2000). Two aspects of that language are significant in this case: (1) the custodian has broad power to determine the child’s upbringing, including the residence of the child; and (2) the parties may agree otherwise or the court may order otherwise.”
In Re Est. of Downey, 687 N.E.2d 339 (Ill. App. Ct. 1997). “Although a custodian has the right to "determine the child’s upbringing, including but not limited to, his education, health care and religious training” (750 ILCS 5/608(a) (West 1994)), the noncustodian retains certain responsibilities as well (750 ILCS 5/602.”
Smith ex rel. Smith v. Meeks, 225 F. Supp. 3d 696 (N.D. Ill. 2016). · cites it 2× “These provisions, along with the below-cited 750 ILCS 5/608, have been repealed and replaced, effective January 1, 2016, as part of the Illinois legislature's revamp of the Illinois Marriage and Dissolution of Marriage Act and replacement of the Illinois Parentage Act of 1984…”
Show all 18 citing cases →
— 750 ILCS 5/608(a) — 17 cases
In Re Marriage of Sobol, 796 N.E.2d 183 (Ill. App. Ct. 2003). “See 750 ILCS 5/608 (a) (West 2000). In this case, petitioner, the minor children’s custodial parent, filed the motion.”
In Re Marriage of Deem, 766 N.E.2d 661 (Ill. App. Ct. 2002). “2d 286, 289 (1999); 750 ILCS 5/608(a) (West 2000). Alternating or rotating custodial arrangements are viewed with disfavor, particularly with young children, as they tend to appease the selfish desires of the parties while denying the child a permanent and stable home…”
In Re Marriage of Minix, 801 N.E.2d 1201 (Ill. App. Ct. 2003). “It is the view of this court that the legislature’s intent in enacting section 608 of the Dissolution Act (750 ILCS 5/608 (West 2000)) was to provide a guideline for the parties and the court in the general area of child welfare and upbringing.”
In re Marriage of Slomka, 922 N.E.2d 36 (Ill. App. Ct. 2009). “2054, 2060 (2000); 750 ILCS 5/608(a) (West 2006). However, Christopher ignores the fact that Mary has equal parental rights pending dissolution of their marriage and a determination of custody.”
In Re Marriage of Seitzinger, 775 N.E.2d 282 (Ill. App. Ct. 2002). “) 750 ILCS 5/608(a) (West 2000). As we recently noted in In re Marriage of Means, 329 Ill.”
— 750 ILCS 5/608(b) — 1 case
In Re Marriage of Haslett, 629 N.E.2d 182 (Ill. App. Ct. 1994). “366) to award custody of the child to the mother and to "order the Department of Children and Family Services to exercise continuing supervision over the case to assure that the custodial or visitation terms of the judgment are carried out” (750 ILCS 5/608(b) (West 1992)), we…”
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