The Primary Caretaker Presumption in Illinois Child Custody Cases Explained

In this article we explain the primary caretaker presumption in Illinois child custody cases. When a mother and father cannot agree on parenting time and responsibility agreement, a family court judge has to decide which parent receives primary physical custody. This preference is usually given to the parent who is considered the child’s “primary caregiver.” In this article, we’ll provide an overview of exactly how courts define a “primary caregiver” and how this decision impacts child custody cases in Illinois.

For an overview of how courts determine parenting time and responsibility, check out our article: Illinois Parenting Laws 2019.

How Do Courts Determine Which Parent is the Primary Caretaker?

Psychologists often stress the importance of the bond between a child and his or her primary caregiver, or the parent or guardian who is most responsible for the child’s day-to-day care. This emotional connection is vital to a child’s developmental stages, so it’s imperative to nurture this relationship in order to ensure the child’s psychological stability. In other words, it’s in the child’s best interest to stay closely connected to his or her primary caretaker. However, in a marriage or co-parenting situation where a child has…