When Parenting Time Becomes an Equal Right: National Reforms and Illinois Reality
For many parents navigating divorce or separation, one of the biggest questions is simple yet deeply emotional:
“Can I have equal time with my child?”
Across the United States, a growing number of states are adopting legal presumptions that equal or shared parenting time is the starting point in custody decisions. But in Illinois, the law still looks very different, and understanding that difference is critical for families planning their futures.
This article breaks down how other states are approaching shared parenting, what Illinois law says now, and how you can prepare your case under today’s standards.
📌 National Trend: Shared Parenting Presumptions
In recent years, several states have passed or debated laws that start with the assumption of shared parenting time, meaning the default legal starting point is that children should spend substantial time with both parents.
For example:
- Kentucky was one of the first states to adopt a rebuttable presumption of joint custody and equal parenting time, meaning the court begins with the assumption that 50/50 parenting time is in the child’s best interests unless evidence shows otherwise.
- Arkansas, Florida, Missouri, West Virginia, and others have followed with statutes that either presume shared parenting or require courts to maximize parenting time for both parents.
- California recently adopted a rebuttable presumption that joint physical custody is in the child’s best interests in many cases, starting in 2025.
These reforms reflect a broader movement toward recognizing that regular and meaningful contact with both parents benefits children emotionally, socially, and developmentally, provided there are no safety concerns or other overriding issues.
🟡 Illinois Law: Best Interests, Not Equal Time
In contrast, Illinois does not currently have a presumption of shared parenting time or a default 50/50 schedule. Instead, Illinois courts allocate parenting time based on the best interests of the child standard.
Under the Illinois Marriage and Dissolution of Marriage Act (IMDMA), a judge must consider a wide range of factors, such as:
- The wishes of each parent
- The child’s age, maturity, and preference
- Each parent’s involvement in caretaking before the case
- The child’s adjustment to home, school, and community
- Whether each parent encourages a positive relationship with the other
- Any history of abuse or safety concerns
These factors are individually weighed, and there’s no automatic starting point for equal time. Instead, the court may award a 50/50 schedule, or something quite different, depending on the unique circumstances of each family.
🔄 Why Illinois Takes a Different Approach
Illinois’ approach prioritizes flexibility and individualized assessment. The idea is that judges should have the discretion to tailor a parenting schedule to the needs of each child and family rather than presuming a one-size-fits-all outcome.
However, this flexibility also means there is less predictability compared to states with shared-parenting presumptions. Parents and attorneys often debate whether this discretion leads to outcomes that reflect subjective judicial preferences rather than consistent standards.
📍 How Parents Can Prepare Now
Even though Illinois does not presume shared parenting time, equal or near-equal schedules are reachable. Here are practical steps parents can take:
✔️ Understand Best-Interest Factors
Whether you agree or disagree with Illinois’ approach, the reality is that evidence matters.
- Document your involvement in your child’s daily life (school, doctor visits, routines).
- Show stability and cooperation, both are strong signals to a judge that shared time works.
✔️ Work Toward a Parenting Plan Agreement
If both parents can mutually agree on a detailed, equal parenting plan, Illinois courts will typically approve it, so long as it serves the child’s best interests.
✔️ Prepare to Show Why Equal Time Fits Your Child
If an agreement isn’t possible, be prepared to:
- Show how the schedule supports the child’s routines and relationships
- Provide evidence that equal time is not just fair, but beneficial
- Address any factors that may rebut an equal schedule (distance, school schedule, special needs)
A well-prepared parenting time argument under the best-interests standard often comes close to the outcomes sought in states with shared parenting presumptions.
📌 Looking Ahead
While Illinois hasn’t adopted a shared parenting presumption yet, national trends show that more states are considering it, and Illinois lawmakers have introduced proposals to study or rethink how parenting time is allocated. Staying informed about these reforms can help parents advocate for better outcomes in their own cases.
📞 At the Law Office of Jonathan W. Cole P.C. …
We help Illinois families navigate the complexities of parenting time, custody negotiations, and court filings — with a focus on clarity, legal precision, and what matters most for your family.
📞 (708) 529-7794 | Law Office of Jonathan W. Cole P.C. — Your Neighborhood Law Firm.
