How Domestic Violence Affects Child Custody in Illinois

Illinois law recognizes that domestic violence is harmful and creates an emotional atmosphere that isn't healthy for childhood development. Because of this, Illinois courts pay special attention to domestic violence when deciding how parents will share responsibility for their children.

Here's an overview of how Illinois defines domestic violence, how to get protection from an abuser, and how a history of abuse affects custody decisions. 

Child Custody in Illinois

Most states use terms like "legal custody," "physical custody," and "visitation" in family court. As of 2016, Illinois law instead refers to "parental responsibilities," which includes decision-making responsibility (which parent has authority to make major decisions for the child) and parenting time (the schedule of time each parent spends with the child). You may still hear people use the terms custody and visitation informally, but the legal terms today are decision-making responsibility and parenting time.

A judge's primary consideration in Illinois custody cases is figuring out how to divide parental responsibilities based on the best interests of the child, considering all relevant factors, including:

• the child’s parents’ wishes
• the child’s wishes
• the child’s relationship with their parents, siblings, and other people who affect the child’s best interest
• the child’s adjustment to their home, school, and community
• the parents’ and child’s physical and mental health
• each parent’s willingness to encourage the child’s relationship with the other parent
• whether either parent is a sex offender
• a parent’s physical violence towards the other parent or child, and
• either parent’s abuse of a child or any other person.

 (750 Ill. Comp. Stat. §§ 5/602.5, 5/602.7 (2026).)

What Counts as Domestic Violence in Illinois?

Under the Illinois Domestic Violence Act, "abuse" means physical abuse, harassment, intimidation of a dependent, interference with someone's personal freedom (like unlawful restraint), or willful deprivation. Abuse doesn't include reasonable direction of a minor child by a parent.

The law applies to abuse between "family and household members," which includes: 

• people related by blood or marriage
• spouses and former spouses
• people who share or used to share a home
• people who have a child in common
• people who are dating or used to date, and
• people with disabilities and their personal assistants. 

(750 Ill. Comp. Stat. § 60/103 (2026).)

How to Get an Order of Protection in Illinois

If you're in immediate danger, you should call local law enforcement or 911 for help.

If you're not in immediate danger but fear future abuse, you can ask for an order of protection. An order of protection can, among other things: 

• prohibit the abuser from entering your home, even if the abuser owns or leases it
• order the abuser to stay away from you, your school, place of employment, and other places you frequent
• require the abuser to attend counseling or a domestic violence intervention program
• require the abuser to attend an alcohol or substance abuse program, if appropriate
• award you temporary decision-making responsibility and physical care of your children, and set or deny the abuser parenting time 
• order the abuser to pay child support
• prohibit the abuser from possessing a firearm, and
• award you possession of personal property and pets.

You can apply for an order of protection at your county circuit clerk's office by filing a petition. There's no filing fee. A judge can issue an emergency order of protection the same day if the judge finds that you're in danger. An emergency order lasts 14 to 21 days and can be extended.

The court will then schedule a hearing where you and the other person can testify. If the court finds you were abused, it can issue a plenary order of protection, which can last up to two years and be extended. 

If a court finds, after a hearing, that a parent has abused a minor child, Illinois law creates a rebuttable presumption that awarding that parent temporary decision-making responsibility wouldn't be in the child's best interest. That means the burden is on the abusive parent to show that it would be in the child's best interest. 

Violating an order of protection is a crime, punishable by jail, a fine, or both. 

(750 Ill. Comp. Stat. § 60/214, 60/220, 60/219 (2026).)

How Domestic Violence Affects Parenting Time and Decision-Making

Physical violence directed at a child or another family or household member is one of the specific factors a judge must weigh when assigning decision-making responsibilities and parenting time.  

If, after a hearing, a judge finds that it's more likely than not that a parent's conduct has seriously endangered the child's mental, moral, or physical health, or significantly impaired the child's emotional development, the court must enter whatever orders are necessary to protect the child. This can include reducing, eliminating, or placing conditions on that parent's decision-making authority or parenting time, including: 

• keeping your address confidential from the other parent
• prohibiting the abusive parent from coming to your home for pick-up or drop-off
• requiring that parenting time take place at another person's home, or at a public or private facility, and
• ordering “electronic communication” (phone, email, text, video chat) with the child instead of in-person parenting time. 

Illinois law also permanently bars parenting time for a parent convicted of first-degree murder of the child's other parent, grandparent, great-grandparent, or sibling.

(750 Ill. Comp. Stat. §§ 5/602.5, 5/602.7, 5/602.10, 5/603.10 (2026).)

Supervised Parenting Time

When a judge finds that unsupervised contact would endanger a child, they can order parenting time to be supervised by a third party. The third party can be an approved friend or family member or a professional paid for by the abusive parent.

(750 Ill. Comp. Stat. §§ 5/600, 5/603.10 (2026).)

Termination of Parental Rights

Parental rights can't be terminated as part of a regular Illinois custody or divorce case. Instead, the Department of Children and Family Services or the state's attorney's office typically would petition to terminate parental rights based on unfitness. Or a judge may find a parent "unfit" so that a stepparent or other person can adopt the child.

(705 Ill. Comp. Stat. § 405/2-13; 750 Ill. Comp. Stat. § 50/1 (2026).) 

Getting Help

If you have other questions about domestic violence and child custody in Illinois, contact a local family law attorney.

The Illinois Department of Human Services (DHS) has a 24-hour hotline you can call for advice if you or someone in your household is a victim of domestic violence. Call 877-863-6338 for help. DHS also offers an Office and Service Provider Locator tool for finding domestic violence victim services.