Can I Get Full Custody of My Special Needs Child?

 Posted on August 11, 2025 in Family Law

Parents of children with special needs often carry more than their share of worry about health care, school, therapies, and their child’s long-term future. When divorce enters the picture, those concerns multiply. One of the most common questions we hear from parents is, "Can I get full custody of my special needs child?"

The answer, as is often the case with legal issues, is "It depends." Illinois law does not use the term "custody" anymore, but it does allow for one parent to be awarded most or all of the parenting time and decision-making responsibilities in certain situations. Whether that is appropriate depends entirely on your child’s needs and your family’s unique circumstances.

At Mevorah & Giglio Law Offices, our Lombard, IL divorce lawyers offer free consultations and bring more than 175 years of combined family law experience to every case. We are deeply client-focused and have helped many parents of children with physical, developmental, and emotional disabilities navigate this difficult path with clarity and compassion.

What Does "Full Custody" Mean in Illinois?

Since 2016, Illinois family law has referred to child custody in terms of "parenting time" (physical time spent with the child) and "allocation of parental responsibilities" (the authority to make major decisions about the child’s life, such as health care, education, religion, and extracurricular activities).

When most parents say they want "full custody," they mean one or both of the following: Majority or exclusive parenting time, where the child primarily lives with one parent; and sole decision-making authority, where one parent has full responsibility for major decisions.

In some families, it may make sense for one parent to hold both roles. In others, the court may divide responsibilities based on each parent’s strengths and the child’s best interests.

How Does a Child’s Disability Affect Custody Decisions?

Illinois law requires courts to consider the best interests of the child when making parenting decisions. For children with special needs, this includes:

• The child’s medical, psychological, and developmental needs

• Each parent’s ability to meet those needs consistently

• The presence of therapy schedules, adaptive routines, or assistive devices

• The level of cooperation between the parents

• Whether one parent has served as the primary caregiver

If your child has a condition such as autism, Down syndrome, cerebral palsy, or a serious chronic illness, the court will take those facts into account. But you must be prepared to explain how those needs impact your child’s day-to-day life and how each parent plans to meet them after the divorce.

For example, if one parent has always managed therapy appointments, medication schedules, and IEP meetings, and the other parent has little involvement, the court may lean toward giving more parenting time and responsibility to the more engaged parent. However, this is not automatic. The judge will still examine the full picture, including each parent’s willingness to learn and adapt.

Can I Request Sole Parenting Time in Illinois?

You can ask for full parenting time, but only when it is justified, and there is no guarantee you will get it. To the contrary, Illinois courts prefer to preserve relationships between both parents and the child, even in challenging situations. However, if one parent poses a danger to the child, cannot provide appropriate care, or lacks the capacity to meet the child’s needs, the court can limit parenting time or require supervision.

In special needs cases, the court may also consider how frequent transitions affect the child. If the child becomes dysregulated or suffers behavioral setbacks due to a back-and-forth schedule, a more stable arrangement may be favored.

Contact a Naperville, IL Child Custody Attorney

Raising a child with special needs is demanding, even in the best circumstances. You deserve a legal team that understands what is at stake and works with you to create a parenting plan built on real-life experience, not just legal theory.

If you are going through a divorce and want to protect the best interests of your special needs child, contact a Lombard, IL divorce lawyer at Mevorah & Giglio Law Offices. We offer free consultations and will help you build a plan that supports your family’s future. Call 630-932-9100 to get started.