Can I Get Custody if I Live with My Parents? 

 Posted on October 05, 2025 in Child Custody

If you are a parent and live with your own parents, you may wonder if you can still get custody of your child. The short answer is yes, but there are important things to understand. In Illinois, the main rule is that the court always wants to do what is best for the child. Where you live is only one factor. The court looks at your ability to care for your child, keep them safe, and provide for their daily needs.

Our Naperville, IL child custody attorneys have almost 20 years of experience helping families with custody issues. We provide free consultations and explain everything in simple terms so you can understand your options.

Note that throughout this blog, we use the terms "custody" and "visitation." Illinois law has changed these terms to be "allocation of parental responsibilities" and "parenting time" instead. These words refer to the same concepts – namely, the authority to make important decisions for your child and your right to spend time with them. 

How Living with Your Parents Can Affect Custody

Living with your parents does not automatically stop you from getting custody. Many parents live with family members for financial reasons or because they need extra help with child care. What the court wants to know is whether your child will have a safe and stable home.

Some things the court could consider according to Illinois law include:

• Space and privacy: Is there enough room for your child to sleep, study, and play safely?

• Safety: Are your parents’ home and neighborhood safe? Are there any risks in the household?

• Parenting ability: Can you provide food, clothing, school transportation, and medical care?

• Support: Will your parents help when needed, and does their involvement help the child?

The court understands that many families rely on multi-generational households. As long as your child’s needs are met, living with your parents is usually not a barrier to custody.

Things to Show the Court to Prove that You Are a Good Parent

If you want custody while living with your parents, it is helpful to show the court that you can meet your child’s needs. This can include showing that you are responsible and capable of parenting every day by giving your child what they need. You can also use pictures or testimony to show that the home is safe and has enough space for the child. 

If your parents help you raise your child, you can explain how your parents help in a supportive way rather than interfering with your parenting. Any evidence that shows that your child has routines and stability, including school, meals, and medical care, will also help. 

The court is not looking to punish parents who live with their family. They just want to see that your child can thrive and feel secure.

Getting Shared Custody and Visitation When You Live with Your Parents

Even if the court has questions about your living arrangements, it may still award you shared custody or visitation. This means your child spends time with you while also having a safe, stable home with the other parent. Courts try to make sure children maintain relationships with both parents whenever possible.

If both parents agree, it can be easier to create a plan that works for everyone. If there is disagreement, the court will consider all the facts, including your living situation, your ability to care for the child, and the child’s best interests.

Call a Naperville Child Custody Lawyer for Help

Figuring out custody issues while living with your parents is not easy. Thankfully, there is help available. Our DuPage County family law attorneys have almost 20 years of experience helping families manage custody in tough situations. We can explain the legal process, help you gather evidence to demonstrate your parenting ability, and guide you through mediation or court if necessary.

Call Pesce Law Group, P.C. at 630-352-2240 to schedule a free consultation. We make sure you understand your options and work to protect your child’s best interests.