Custody

When a judge decides whether to award parenting time or significant decision-making, they must consider many factors. One important factor is whether a parent has committed domestic violence or sexual abuse.

Domestic violence
The judge will look at whether the other parent committed abuse against you, your children, or another household member. This includes whether the parent:

• committed physical violence, including sexual abuse;
• kept someone against their will;
• purposely prevented someone from sleeping;
• threatened physical violence;
• forced a child or a person with disabilities to take part in or witness physical violence (intimidation of a dependent);
• committed harassment;
• forced someone to do something, or not to do something, out of fear (interfered with personal liberty); or
• purposely kept someone from basic needs like food, shelter, medicine, or an assistive device for a disability (willful deprivation).¹

The judge will also consider all other factors related to parenting time and significant decision-making. A parent who committed abuse may still receive parental responsibilities if the judge decides this is in the children’s best interests.²

Even if a parent does not receive significant decision-making, they will usually receive a “reasonable” amount of parenting time unless the judge decides, after a hearing, that this would:

• create a serious risk to the children’s physical, mental, or moral health; or
• really harm (significantly impair) the children’s emotional development.³

Sexual abuse convictions
The judge will also consider whether a parent, or someone the parent lives with, is a convicted sex offender. The judge will look at:

• what happened during the sexual abuse (the exact nature of the offense); and
• whether the offender completed treatment.⁴

If the parent was convicted of sexually abusing a child, they cannot receive parenting time:

• while they are:
  
  • in jail or prison;
  • on parole or probation;
  • released under certain court-ordered conditions for a felony offense;⁵ or
• until they meet the conditions the judge sets to protect the children’s best interests.⁵

¹ 750 ILCS 5/602.7(b)(11), (b)(14); 5/602.5(c)(12), (c)(13); 5/600(a); 60/103(1), (7), (9), (10), (14), (15)
² 750 ILCS 5/602.7(a)
³ 750 ILCS 5/602.8(a)
⁴ 750 ILCS 5/602.7(b)(15); 5/602.5(c)(14)
⁵ 750 ILCS 5/603.10(e)