Illinois Family Law Law News - Illinois Family Law News: Changes in Custody and Visitation Laws
In a groundbreaking move, the Illinois State Legislature passed a series of amendments to the state's family law statutes on February 16, 2026, ushering in significant changes to custody and visitation arrangements for families across the state. The new laws aim to prioritize the best interests of the child in all decisions regarding custody and visitation, with a focus on promoting stability and co-parenting relationships.One of the most notable changes is the introduction of a presumption of shared custody in cases where both parents are deemed fit and capable of caring for the child. This means that unless there are extenuating circumstances, such as abuse or neglect, judges will be instructed to start from the assumption that both parents should have equal access to their child's time and upbringing. This shift towards shared custody is seen as a way to encourage more cooperative co-parenting relationships and reduce conflict between parents during and after divorce.Additionally, the new laws also put a greater emphasis on the importance of maintaining strong relationships between children and both parents. Judges are now required to consider each parent's ability to facilitate and encourage a close and continuing relationship between the child and the other parent when making custody and visitation decisions. This includes factors such as willingness to co-parent, communication skills, and the ability to support the child's relationship with the other parent.Moreover, the amendments also address the issue of parental relocation after divorce. Under the new laws, parents who wish to relocate with their child must provide written notice to the other parent, along with a detailed plan for how visitation will be maintained. This is intended to ensure that both parents continue to have meaningful relationships with their child, even if they are no longer living in close proximity.Overall, these changes represent a significant shift in Illinois family law towards a more child-centered approach to custody and visitation. By prioritizing the best interests of the child and promoting cooperative co-parenting relationships, the state aims to create more stable and supportive environments for children of divorced or separated parents. Families across Illinois can expect these new laws to have a lasting impact on their custody and visitation arrangements for years to come.