When parents decide to divorce, one of the most important considerations is how to structure parenting responsibilities moving forward. In Illinois, parenting plans are legally required when parents share parental responsibilities. These agreements outline decision-making authority, parenting time, communication expectations, and other key aspects of co-parenting.
The goal of a parenting plan is to provide stability for children while making sure that both parents remain actively involved in their lives. A well-crafted plan minimizes conflict and confusion by setting clear expectations. Under 750 ILCS 5/602.10, divorcing parents must submit a proposed parenting plan within 120 days of filing for divorce. If parents cannot reach an agreement, the court will intervene to create a plan that serves the child’s best interests.
Key Considerations When Creating A Parenting Plan
Decision-Making Authority
Illinois law recognizes joint and sole decision-making regarding major child-related matters. Under 750 ILCS 5/602.5, decision-making responsibilities include:
- Education: Choosing schools, tutors, and extracurricular activities.
- Healthcare: Decisions about medical treatment, therapy, and insurance.
- Religion: Determining religious upbringing and participation.
- Extracurricular Activities: Agreeing on sports, clubs, and activities.
Parents must decide whether to share decision-making responsibilities or designate one parent as the primary decision-maker in certain areas. Courts often encourage joint decision-making unless it would be detrimental to the child.
Parenting Time Schedule
A parenting plan must include a specific schedule for parenting time. Illinois law prioritizes the best interests of the child when determining these schedules (750 ILCS 5/602.7). Parents should consider:
- Weekday and weekend schedules
- Holidays, birthdays, and vacations
- School breaks and summer schedules
- Transportation arrangements
A detailed schedule reduces misunderstandings and helps children maintain consistent routines.
Communication Expectations
Effective co-parenting requires clear communication. A parenting plan should address the following:
- How parents will communicate (phone, email, co-parenting apps, etc.)
- How children will communicate with the non-custodial parent
- How parents will share important information about school, medical needs, and events
Setting expectations upfront prevents disputes and ensures both parents stay informed.
Handling Disagreements
Disagreements are inevitable. A strong parenting plan includes a dispute resolution process to address conflicts without returning to court. This may involve:
- Mediation before legal action
- Input from an independent third-party such as a parenting coordinator
- A process for modifying the plan if circumstances change
Under 750 ILCS 5/610.5, courts allow modifications to parenting plans if there is a significant change in circumstances affecting the child’s well-being.
Relocation Provisions
If a parent plans to move more than 25 miles from their current residence (if the residence is in the Chicagoland area) or more than 50 miles (if outside of the Chicagoland area), Illinois law requires a notice and court approval (750 ILCS 5/609.2). Parenting plans should address how moves will be handled to avoid disputes later. Absent an agreement, court approval is necessary.
Parenting Plan FAQs
How Does The Court Determine The Best Interests Of The Child?
Illinois courts consider factors such as the child’s relationship with each parent, the parent’s ability to provide a stable home, the child’s wishes (if they are mature enough to express them), and any history of abuse or neglect. The court’s primary focus is on ensuring the child’s safety, well-being, and emotional stability.
What Happens If We Cannot Agree On A Parenting Plan?
If parents cannot reach an agreement, the court will decide based on the best interests of the child. The judge may consider testimony, evaluations, and recommendations from child custody professionals before issuing a final order.
Can A Parenting Plan Be Modified?
Yes. Under 750 ILCS 5/610.5, a parenting plan can be modified if there is a substantial change in circumstances, such as a parent relocating, a change in work schedule, or concerns about the child’s well-being.
What Should I Do If My Co-Parent Violates The Parenting Plan?
If one parent repeatedly violates the parenting plan, the other parent can file a petition to enforce the agreement. The court may impose penalties, modify the plan, or take further legal action to protect the child’s best interests.
Do We Have To Submit A Parenting Plan If We Agree On Custody Informally?
Yes. Illinois law requires divorcing parents to submit a proposed parenting plan within 120 days of filing for divorce. Even if parents agree informally, a court-approved plan ensures legal enforceability.
Can We Include Additional Terms In The Parenting Plan?
Yes. Parents can include additional agreements, such as guidelines for introducing new partners, religious upbringing details, or specific rules for electronic device usage. Customizing the plan can help address specific family needs. Generally, financial issues such as child support and contributions to child-related expenses are handled separately.
What If My Co-Parent Refuses To Cooperate On A Parenting Plan?
If one parent refuses to cooperate, the other parent can submit their own proposed plan to the court. The judge will review both perspectives and make a decision that prioritizes the child’s best interests.
Call Michael C. Craven For Your Free Consultation
Michael C. Craven helps parents create legally sound parenting plans that prioritize their children’s best interests. Whether you are in the early stages of divorce or need to modify an existing plan, we provide strategic legal guidance to protect your parental rights.
To schedule a consultation with our Chicago divorce lawyer, Michael C. Craven, please call our office at (312) 621-5234. Our firm can assist you with your parenting plan. We represent clients throughout Chicago and the surrounding areas.
