How Long Does a Custody Case Take in Illinois?
The Short Answer
An uncontested Illinois custody case — where both parents agree on the parenting plan — can be finalized in 2 to 4 months. A contested case that goes to trial typically takes 8 to 18 months, and complex cases with custody evaluations or GAL investigations can stretch beyond two years.
The actual duration depends on how quickly you resolve disagreements, how crowded the court's calendar is (Cook County is slower than most downstate courts), and whether the court orders additional investigations.
Uncontested Custody Timeline
When both parents agree on all custody terms, the timeline is largely procedural:
Weeks 1–2: Filing. The petitioner files the Petition for Allocation of Parental Responsibilities (or Petition for Dissolution, if custody is part of a divorce) through Odyssey eFileIL. The respondent is served and has 30 days to file an Appearance and Response.
Weeks 3–6: Case management conference. The court schedules an initial case management conference. At this hearing, the judge reviews the status of the case, sets deadlines, and orders both parents to complete a mandatory parenting class within 60 days.
Weeks 4–12: Parenting plan preparation. The proposed parenting plan is generally due within 120 days after service of the petition or filing of an appearance, as applicable. If no appearance has been filed by the respondent, no plan is required unless the court orders one. If they agree, they file a joint plan.
Weeks 8–16: Prove-up hearing. Once the agreed parenting plan is filed and both parents have submitted their parenting class certificates, the court schedules a prove-up hearing. At this brief hearing, one or both parents testify under oath confirming the terms of the agreement. If the judge approves, the Allocation Judgment is entered.
Total: roughly 2 to 4 months from filing to final order, assuming both parents cooperate and the court calendar has availability.
Contested Custody Timeline
When parents can't agree, every step takes longer:
Months 1–4: Filing, response, and temporary orders. After filing, the respondent may file a counter-petition. Either parent can file for temporary relief — temporary parenting time, temporary child support, temporary possession of the marital home. The court may hold a hearing on temporary orders, which adds weeks.
Months 4–8: Mandatory mediation. If the parents don't submit an agreed parenting plan within the 120-day period for proposed parenting plans, the court generally requires mediation unless impediments to mediation exist. Mediation is typically 2 to 4 sessions over several weeks. If mediation succeeds, you move to a prove-up hearing. If it fails, the case proceeds to litigation.
Months 6–14: Discovery and investigation. In contested cases, the parties enter a formal discovery phase — exchanging financial records, conducting depositions, and gathering evidence. The court may appoint a Guardian ad Litem or order a 604.10 custody evaluation, which itself takes 2 to 6 months to complete. The GAL must file its report at least 30 days before trial; any evaluator report deadline depends on the appointment and court order.
Months 12–18: Trial. Contested custody trials are scheduled based on court availability, which varies dramatically by county. Cook County's domestic relations calendar is heavily congested — waiting 3 to 6 months for a trial date after discovery closes is common. Downstate courts may schedule trials faster.
The trial itself may last 1 to 5 days, depending on the number of witnesses, complexity of the evidence, and whether experts (psychologists, vocational evaluators, financial analysts) testify.
After trial: Ruling. The judge may rule from the bench at the conclusion of the trial or take the case under advisement and issue a written decision weeks later.
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What Extends the Timeline
Several factors can push a custody case well beyond the typical range:
- GAL or 604.10 evaluations. These investigations are thorough and time-consuming. The evaluator's schedule, the number of witnesses to interview, and the complexity of the family dynamics all affect how long the report takes.
- Emergency motions. An emergency motion for temporary supervised parenting time, an Order of Protection hearing, or a motion to prevent relocation can inject weeks of additional proceedings.
- Continuances. Either party's attorney may request a continuance — a postponement of a scheduled hearing or trial date. The added time depends on the reason and the court's calendar.
- Post-decree motions. Even after a final order, either parent can file post-judgment motions — to modify parenting time, to enforce the order, or to address a contempt allegation — which restart the litigation cycle.
How to Speed Things Up
The fastest path to a final custody order is agreement. Every issue the parents resolve outside the courtroom eliminates weeks or months of litigation.
Before filing, work through the major custody decisions: the weekly parenting-time schedule, the holiday rotation, how you'll allocate the four decision-making categories, and what your position is on right of first refusal. If you can present a nearly complete joint parenting plan at or shortly after the case management conference, you may skip mediation entirely and proceed directly to a prove-up hearing.
The Illinois Child Custody & Parenting Plan Guide walks you through each of these decisions with structured worksheets, so you and the other parent can work through the sticking points systematically rather than arriving at mediation or court with vague positions.
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