Will Illinois Ever Adopt Shared Parenting Presumptions? What SB 2710 Could Mean for Your Custody Case
When parents go through a divorce or separation, one of the most stressful questions is often the same:
“How much time will I get with my child?”
Right now, Illinois law does not start with a presumption that parenting time should be equal. But that conversation may be evolving. A recently proposed Illinois bill, commonly referred to as SB 2710, signals that lawmakers are taking a closer look at how parenting time decisions are made and whether Illinois should rethink its approach.
Here’s what Illinois families should know.
How Parenting Time Works in Illinois Today
Under current Illinois law, courts do not assume a 50/50 parenting schedule. Instead, judges must allocate parenting time based on what they believe is in the child’s best interests, considering factors such as:
- Each parent’s involvement in the child’s life
- The child’s needs and routine
- The ability of parents to cooperate
- Any safety concerns, including abuse or neglect
This approach gives judges broad discretion, which can be helpful in complex cases, but also unpredictable for parents trying to plan their futures.
What Is SB 2710?
SB 2710 does not immediately change custody law. Instead, it proposes a formal statewide study of how parenting time decisions are actually being applied in Illinois courts.
In simple terms, the bill is designed to examine:
- Whether parenting time outcomes are consistent across counties
- How often one parent receives significantly more parenting time than the other
- Whether current practices truly promote meaningful relationships with both parents
The results of this study could be used to recommend future changes to Illinois custody law.
What Is a “Shared Parenting Presumption”?
In some states, lawmakers have adopted, or are debating, a rebuttable presumption of shared parenting. That means:
- Courts start with the assumption that both parents should have substantial, meaningful parenting time, often close to equal
- That presumption can be overcome if evidence shows equal parenting time would not be in the child’s best interests
Illinois does not currently have this type of presumption. SB 2710 doesn’t create one, but it opens the door to discussing whether Illinois should move in that direction.
Why This Matters for Illinois Parents
If Illinois eventually adopts a shared-parenting presumption, it could significantly affect custody cases by:
- Changing how parenting time negotiations begin
- Shifting how evidence is presented in court
- Reducing uncertainty for parents who want to remain actively involved in their children’s lives
Even if no immediate law changes occur, the study itself highlights a growing recognition that predictability, fairness, and consistency matter to families navigating custody disputes.
What Parents Should Do Now
For now, Illinois courts will continue to apply the best-interests-of-the-child standard on a case-by-case basis. That means:
- Parenting plans should be carefully drafted
- Enforcement and modification issues must be handled correctly
- Parents should understand that courts distinguish between enforcing parenting time and changing it
Staying informed about potential legislative changes can help parents make smarter decisions, both inside and outside the courtroom.
The Bottom Line
SB 2710 doesn’t change Illinois custody law today, but it signals that parenting time standards may be under closer scrutiny in the years ahead. For Illinois families, this is an important conversation, one that could shape how custody cases are handled in the future.
If you have questions about parenting time, custody agreements, or how Illinois law applies to your situation, it’s important to get guidance tailored to your family.
📞 If you have questions about your estate plan or a probate matter, contact the Law Office of Jonathan W. Cole P.C. at (708) 529-7794 — Your Neighborhood Law Firm.
