If you're researching legal custody vs. physical custody, here's the first thing to know: Illinois retired those terms in 2016. The state now splits child custody into decision-making responsibility and parenting time, governed by the Illinois Marriage and Dissolution of Marriage Act.[1] The old labels still describe the right ideas, so this page uses them to orient you before walking through what Illinois actually calls each piece today.
Getting the terminology right matters because it shows up on your court paperwork, your parenting plan, and in front of your judge. Calling something “custody” in a filing doesn't automatically disqualify you, but knowing the current framework helps you understand what you're actually negotiating. Below is how the two concepts break down and how they interact in a real Illinois case.
What Used to Be Called “Legal Custody”: Decision-Making Responsibility
Decision-making responsibility is the authority to make major decisions about your child's life. Illinois divides it into four specific categories: education, healthcare, religion, and extracurricular activities.[2] A parent can hold all four, some of them, or none, and the court can split them between parents rather than awarding them as a single package.
This is the piece most people mean when they ask about “legal custody.” One parent might have final say on medical decisions while both parents share input on schooling, for example. The court decides this allocation based on the best interest factors laid out in the statute, including each parent's willingness to cooperate and the child's own wishes if they're old enough to express one.
What Used to Be Called “Physical Custody”: Parenting Time
Parenting time is the schedule: where your child lives day to day and how time is divided between parents. Illinois courts allocate parenting time using a separate set of best interest factors focused on stability, each parent's involvement in the child's daily life, and the practical logistics of the arrangement.[3]
Parenting time does not have to be equal to be fair. A parenting plan might give one parent the majority of overnights while the other has substantial weekday or weekend time, and both parents can still share decision-making responsibility regardless of how the schedule splits. If your situation involves a parent's fitness to have unsupervised time at all, see Emergency Custody Orders in Illinois.
Why the Two Are Separated
Illinois split custody into these two tracks so parents aren't forced into an all-or-nothing outcome. You can have significant parenting time without decision-making authority, and you can hold decision-making responsibility without being the parent your child lives with most of the time. This separation gives the court more precise tools to match the order to your family's actual situation.
It also means your parenting plan has to address both pieces explicitly. A plan that only covers the schedule and stays silent on decision-making leaves a gap that tends to surface later, usually during a disagreement over school choice or a medical procedure. If you're revisiting an existing order because one of these pieces no longer fits, see Child Custody Modification in Illinois.
How the Court Decides Both
Both decision-making responsibility and parenting time get evaluated against the child's best interest, but through different statutory factors. The court looks at each parent's history of involvement, the child's adjustment to home and school, any history of abuse or neglect, and the parents' ability to cooperate on the category in question. A parent who has been highly involved in medical appointments may have a stronger case for healthcare decision-making even if the parenting time split is close to even.
Conflict between parents is one of the biggest variables. Courts are cautious about awarding joint decision-making to parents who cannot communicate effectively, since a 50/50 split on paper does not work if every decision becomes a standoff. If ongoing conflict is shaping your case, see High-Conflict Custody in Illinois.
Can These Terms Still Be Used in Illinois Courts?
Yes, informally. Judges, attorneys, and parents still say “custody” in conversation, and older orders entered before 2016 may still use the pre-reform terms. What matters legally is the substance: whether your paperwork correctly allocates decision-making responsibility and parenting time under the current statute, not which words you use to talk about it at home.
Frequently Asked Questions
Is joint custody the same as 50/50 parenting time?
No. Joint decision-making responsibility means both parents share authority over major decisions, and it can exist alongside almost any parenting time split, including one where a child spends most nights with a single parent.
Can one parent have full decision-making and the other have more parenting time?
Yes, and this is a common outcome. The two categories are decided independently, so a court can award one parent the majority of overnights while both parents share, or one parent holds, decision-making authority.
What happens if my order still uses the words “custody” and “visitation”?
The order still applies as written. If you want the language updated to match current terms, or if the substance no longer fits your family, that typically requires a modification.
Does a child get a say in either decision?
A mature child's preference is one factor the court weighs for both parenting time and decision-making, particularly as the child gets older. It is not the deciding factor, and the court considers it alongside every other statutory element.
What if we relocate and the current split no longer works?
A move, especially outside Illinois or beyond a qualifying distance, can affect both parenting time and decision-making arrangements. See Relocation Disputes in Illinois for how that process works.
Sterling Lawyers' Approach in Illinois
Sterling Lawyers handles decision-making and parenting time cases across Illinois under a fixed fee set before we start work, so you know your total cost before you sign anything. We start every case by mapping which parts of your situation involve decision-making authority, which involve the schedule, and which involve both, so your parenting plan is built with the right structure from day one.
If you're not sure which piece of your case needs attention, talk with an attorney who works inside these statutes daily, and we'll walk through your specific facts before you commit to a filing. If it's easier to talk in person, you can also find the Sterling Lawyers office nearest you.
Sources
[1] 750 ILCS 5/600 – Definitions | https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=075000050K600
[2] 750 ILCS 5/602.5 – Allocation of Parental Responsibilities: Decision-Making | https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=075000050K602.5
[3] 750 ILCS 5/602.7 – Allocation of Parental Responsibilities: Parenting Time | https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=075000050K602.7