Filing for Custody in Illinois: Forms, Fees, and the Step-by-Step Process

How to Start a Custody Case in Illinois

In Illinois, "filing for custody" means filing a Petition for Allocation of Parental Responsibilities. If you're doing this as part of a divorce, the custody request is built into the Petition for Dissolution of Marriage with Children. If you're an unmarried parent, you file a standalone Petition to Allocate Parental Responsibilities.

Either way, the process uses the same court system, the same forms, and the same legal standards.

The Forms You Need

Illinois uses statewide standardized forms approved by the Supreme Court Commission on Access to Justice. The core documents:

• Petition for Dissolution of Marriage with Children (if divorcing) or Petition for Allocation of Parental Responsibilities (if unmarried)
• Summons — served on the other parent
• Financial Affidavit — supported by three months of pay stubs, tax returns, and bank statements
• UCCJEA Declaration — provides the child's present address, recent residences, and information about other custody proceedings for the court's jurisdiction review
• Proposed Parenting Plan — due within 120 days after service or filing of an appearance, as applicable

You can download blank approved forms from the Illinois Courts website. Illinois Legal Aid Online (ILAO) also offers guided "Easy Forms" interviews that walk you through each question and generate completed documents.

Filing Fees by County

All civil filings in Illinois go through the Odyssey eFileIL electronic filing system. Filing fees vary by county:

If you can't afford the filing fee, you can apply for a fee waiver using Form CIR-GF-60 (Application for Waiver of Court Fees). File it as a lead document in the e-filing system — the court reviews it before assessing any fees.

Filing Without an Attorney (Pro Se)

Illinois allows self-represented litigants in family court, and a significant number of custody cases proceed without attorneys. Resources available to pro se filers:

Illinois Legal Aid Online (ILAO) — free guided interviews that generate completed court forms. The parenting plan "Easy Form" is particularly useful because it ensures you address all 15 statutory requirements.

Court Self-Help Centers — many Illinois courthouses have walk-in self-help centers staffed by facilitators who can answer procedural questions (not legal advice). Cook County, DuPage, and Lake County all operate these.

Illinois Court Help — a free statewide helpline (833-411-1121) that provides step-by-step guidance on filing procedures.

County-specific forms — in addition to the statewide standardized forms, individual counties sometimes have their own supplemental forms or local rules. Check your county Circuit Clerk's website.

The biggest risk of filing pro se isn't the paperwork — it's the substance. The forms ask you to make decisions about decision-making allocation, parenting-time schedules, child support, and relocation provisions. Getting the forms filed correctly but making poor decisions on the contents can create problems that take years and significant expense to fix.

What Happens After You File

1. Service of process — the other parent must be formally served with the Summons and Petition, typically by the County Sheriff or a licensed process server. Service must happen within 30 days of the summons' issuance date. Cost is usually $40–$75.

2. Response — the other parent has 30 days from service to file an Appearance and Response.

3. Mandatory parenting class — all parents must complete a court-approved parenting education program within 60 days of the initial case management conference, unless the court excuses attendance for good cause; in a default or a case where the court lacks jurisdiction over the respondent, only the petitioning party is initially required. The court won't enter a final judgment without completion or an excuse on the record.

4. Proposed parenting plan — due within 120 days after service or filing an appearance, as applicable. If you agree, file a joint plan. If not, each parent files their own.

5. Resolution — uncontested cases go to a prove-up hearing where the petitioner (and sometimes the respondent) confirms the agreement. Contested cases proceed through discovery, possible mediation, and trial.

Preparing Before You File

The mechanics of filing are straightforward. The hard part is having a clear picture of what you're asking for — which decisions you want authority over, how many overnights per week, how holidays will rotate, whether to include right of first refusal.

The Illinois Child Custody & Parenting Plan Guide helps you work through all 15 parenting plan provisions before you start the filing process, so you arrive at the official forms with your proposal already mapped out.

See more Illinois guides →