How Do I Get Full Custody of My Kids in Illinois?

 Posted on August 14, 2026 in Child Custody

"Full custody" is a broad term that parents often use to mean making all major decisions for their children and having most or all of the parenting time. If you want full custody of your children in 2026, it's important to understand that Illinois courts aim for arrangements that allow children to have relationships with both their parents. The court's decision regarding custody arrangements must be based on what is best for the child, not simply what either parent wants. To get full custody, you generally need to show why giving you sole decision-making authority, most parenting time, or both would be best for your child.

A Kendall County child custody lawyer can explain what you would actually be asking a court for and when "full custody" is most likely to be ordered.

Is "Full Custody" a Real Legal Term in Illinois?

Illinois replaced the terms "custody" and "visitation" with "allocation of parental responsibilities" some years ago. The allocation of parental responsibilities covers two main issues: significant decision-making responsibilities and parenting time.

Significant decision-making means deciding important issues involving a child's education, health care, religion, and extracurricular activities. Parenting time is the time the child spends with each parent.

If you are thinking of asking for full custody, start by thinking about what you mean."Do you want to be the only one making major decisions for them? Do you want your child living with you the majority of the time? If so, why? The court will consider these issues when deciding parental responsibilities and custody.

How Does an Illinois Court Allocate Decision-Making Between Parents?

Courts make decisions based on what is best for the child. They may look at which parent has been making important decisions, whether the parents can work together, and what each parent wants.

A court can give decision-making responsibilities to one or both parents (750 ILCS 5/602.5). If one parent has usually made the major decisions, or if the parents cannot work together, the court may give that parent sole decision-making authority. This may be part of what a parent means when asking for "full custody."

A judge may also split up decision-making based on category. For example, one parent may be given the authority to make medical decisions while the other makes decisions about religion.

What Do Illinois Courts Consider When Allocating Parenting Time?

Illinois law lists several factors courts must consider when deciding parenting time. Some of the most relevant include:

• How much time each parent spent caring for the child during the 24 months before the case was filed, or since birth if the child is under two
• The child's wishes, depending on their maturity
• The child's adjustment to their home, school, and community
• Each parent's willingness to support the child's relationship with the other parent
• Any history of violence, abuse, or threats
• The distance between the two homes and whether a schedule is workable

Illinois courts generally want children to have parenting time with both parents when it is safe and in their best interests. However, a court can give one parent most of the parenting time if that arrangement is best for the child. Restricting the other parent’s parenting time is different. A court generally will not restrict parenting time unless it finds that time with the parent would seriously endanger the child’s physical, mental, moral, or emotional health (750 ILCS 5/602.7). Even then, the court may allow supervised parenting time or put other safety measures in place.

If you want full custody because you are concerned about your child's safety, speak with an attorney about how to address this with the court.

Can Parents Come Up With Their Own Agreement About Decision-Making and Parenting Time?

Parents do have the option of coming up with their own arrangements for decision-making and parenting time. Parents can even agree that one parent will have sole decision-making authority and most of the parenting time. These arrangements, called a parenting plan, must be submitted to and approved by the court. The court will review the plan to make sure it is in the best interests of the child.

If the parents cannot agree on a parenting plan, the court will decide parental responsibilities after a hearing.

Call a Plainfield, IL Child Custody Lawyer Today

If you are hoping to have sole decision-making and more parenting time, it helps to have an experienced attorney review your situation.

The Law Offices of Robert F. Kramer, Ltd. has two lawyers with over 40 years of combined experience,including substantial experience in trials and appeals. Our Kendall County family law attorneys will work with you to present your case effectively from start to finish.

Call 630-785-2400 today to schedule your free 30-minute initial consultation.