Parenting from Prison: Illinois Custody Rights Explained

 Posted on October 10, 2025 in Divorce / Family Law

Being incarcerated does not automatically end a parent’s relationship with his or her child in Illinois. Obviously, serving time in prison limits your ability to parent in traditional ways, but in many cases, the state of Illinois makes parenting decisions that allow both parents to maintain a bond with the child – so long as it is safe and appropriate.

Illinois family law will always make decisions based on the best interests of the child, so the question will be whether the child should continue having regular parenting time with a parent in prison or not. Whether you are seeking to preserve parental responsibilities, request prison parenting time, or defend against the termination of parental rights (705 ILCS 405/2-13), Illinois law provides protections that balance the right of an incarcerated parent with the welfare of his or her child.

This is not a situation you should navigate on your own. A skilled Geneva, IL parenting time lawyer can make sure your interests are fully represented in court. Your family law attorney will build a case that shows regular contact with you – despite your current situation – is in the best interests of your child.

Parental Rights Do Not End at Incarceration in Most Cases

Imprisonment alone does not terminate parental rights in Illinois. A parent must be deemed unfit under grounds such as child abuse, child neglect, child abandonment, or a failure to maintain a reasonable interest in the child’s safety and welfare. Evidence must be provided to prove the parent’s unfitness, and the process is permanent unless overturned on appeal.

Abandonment includes knowingly leaving the child without proper care and supervision for an unreasonable period of time. A lack of interest or responsibility means the parent has not demonstrated a reasonable degree of concern, interest, or responsibility for the child’s well-being. A parent who allows a child to be exposed to or live in conditions that are injurious to the child’s welfare could also lose his or her parental rights.  

Illinois Parental Responsibilities

When one parent is incarcerated for a criminal offense that would not make the parent a danger to the child, the court may temporarily transfer custody to the other parent, a guardian, or a relative if the incarcerated parent had equal or primary parental responsibilities. A parent serving a short sentence may still retain decision-making input, even though he or she is in jail or prison.

An incarcerated parent can request visitation or contact through the Illinois Department of Corrections or through a court order. Some Illinois prison facilities allow supervised visits between a parent and child, letters, and even video visitation programs. If, however, a judge believes that contact with an incarcerated parent would traumatize the child, or if there were abuse allegations against the incarcerated parent, a judge may deny contact between the incarcerated parent and the child, at least temporarily.

What About a Parent Serving a Lengthy Sentence?

If a parent is serving a lengthy sentence for a violent crime such as murder or sexual assault, the offense, coupled with the long prison sentence, could trigger termination proceedings, especially if the incarcerated parent fails to maintain contact with the child or plan for the child’s care. DCFS involvement can complicate or initiate adoption proceedings when reunification with the incarcerated parent seems unlikely.  

The non-incarcerated parent may seek full allocation of parental responsibilities; however, the incarcerated parent still has the right to notice and a hearing before such modification can be made. The incarcerated parent can file petitions for continued contact or for review of custody arrangements. He or she must communicate consistently with guardians, social workers, and the court, participate in parenting or rehabilitation programs to show commitment, and obtain legal counsel early in the process.

Contact a Kane County, IL Family Law Attorney

Of course, transportation, distance, and prison policies will affect visitation logistics, and the court will take note of any emotional or developmental impacts such visits have on the child. If you are worried about losing your connection with your child, a Geneva, IL parenting time lawyer can help negotiate parenting time terms. Call 630-448-2406 to schedule your free consultation.