Should I Try to Get Sole Custody in My Illinois Divorce?  

 Posted on February 20, 2026 in Divorce

Divorces sometimes happen after years of resentment building between the spouses. One potential consequence of this hostility is that parents will often try to get sole custody of their child. They may try to convince the court that the other parent is so unfit that they should not have any say in important decisions that impact the child. Sometimes, this is based on the sincere belief that sole custody is in the child's best interests. Sometimes it is done, unconsciously or otherwise, out of a desire to hurt the other spouse.

The truth is that being the only parent to have all the parental responsibilities may have benefits, but it may also have drawbacks. Parents should make a sincere effort to consider their child's best interests and whether they would be served by a sole custody arrangement. The Stogsdill Law Firm, P.C. has been named as one of the Best Family Law Firms by Best Lawyers, so you can rely on our DuPage County, IL divorce attorneys to provide you with reliable guidance and strong representation.

What Does "Sole Custody" Mean?

Illinois law no longer contains the phrases "child custody" and "visitation." However, the term "custodial parent" is still informally used to refer to a parent who has all of the parental responsibilities. A parenting plan includes decision-making responsibilities. This means deciding things like the child’s health care, school, extracurricular activities, and other major issues. Parenting time is different. This refers to who takes care of the child on a daily basis and how often each parent can see the child.

It is important to understand that what used to be known as "sole custody" in Illinois now refers only to a parent's authority regarding significant decisions in the child's life. For example, a family court could decide to give one parent full authority to make all important decisions for the child. This would essentially be a sole custody situation. In such a case, the other parent still has the right to reasonable parenting time with the child unless they present a serious danger to the child.

How Do Illinois Courts Evaluate the Child’s Best Interests?

When deciding whether to award sole custody, Illinois courts focus on what serves the child’s best interests. The Illinois Marriage and Dissolution of Marriage Act requires judges to look at many different factors before making a decision.

The court will consider each parent’s ability to meet the child’s physical, emotional, and educational needs. A judge may also examine how well the parents communicate, as constant conflict can sometimes make joint custody difficult.

The child’s relationship with each parent matters. If one parent has been the primary caregiver for most of the child’s life, that history can carry weight. The court may also consider the child’s adjustment to home, school, and community. Stability is important, especially for younger children.

In some cases, the court will look at whether there has been abuse, neglect, substance abuse, or domestic violence. A parent’s willingness to encourage a close relationship between the child and the other parent is also a factor. The goal is not for either parent to "win." Rather, the focus is on creating a parenting arrangement that supports the child’s safety, stability, and healthy development.

Is Pursuing Sole Custody Right for Me?

Parenting can be challenging and stressful, and this is especially true if only one parent is responsible for managing all the major decisions in a child's life. Additionally, research shows that children do best when both parents are present.

Sometimes a parent does not want to, or cannot, make good decisions about the child’s upbringing. This can create problems when important choices need to be made. Our family law attorneys can help you look at your situation and your child’s needs. We can also help draft or review a parenting plan that fits your family’s situation.

Do Illinois Courts Prefer Joint Custody Arrangements in 2026?

For parenting time, there is a general presumption that both parents are fit and should have meaningful involvement in the child’s life. Courts usually believe children benefit from having strong relationships with both parents, when it is safe to do so.

The court does not have to give both parents decision-making power. A judge can give one parent the right to make major decisions if that is best for the child. If the parents fight often and cannot work together, the court may decide that one parent should have sole custody. This can be more practical and less stressful for the child.

Can a Joint Custody Arrangement Be Changed to Sole Custody?

A joint arrangement can be modified, but the law places limits on when and how changes can happen. Generally, a parent must wait two years before seeking a major modification of decision-making responsibilities. This rule promotes stability for the child.

However, the court can act sooner if there is an emergency. A judge may change the order before two years have passed if the child’s current situation puts him or her at risk. This can mean serious danger to the child’s physical safety. It can also mean serious harm to the child’s mental or emotional health. Emergency reasons may include strong evidence of abuse or neglect. Other reasons may include substance abuse or a mental health crisis that affects a parent’s ability to care for the child.

The parent asking for the change must present clear evidence of the risk. The court will not modify an order lightly. Stability matters, but protecting a child from harm matters more.

Contact a Wheaton, IL Family Law Attorney

The lawyers with The Stogsdill Law Firm, P.C. have experience handling contentious issues related to parental responsibilities and parenting time. We are committed to working with you to ensure you understand the options available to you and will advocate for your and your child's best interests. To set up a meeting with one of our DuPage County, IL child custody lawyers, call us today at 630-462-9500.