During a divorce – for those couples who have children – it is a priority to minimize the impact of the separation on their kid’s daily lives. Making arrangements for children can be taxing and emotional, but it is very important.
In Illinois, courts utilize parenting plans to determine the division of parenting time and responsibility between the two divorcing parties.
A parenting plan is a document that determines who will have custody of their children, and also who will make important life decisions. The term “child custody” no longer accurately applies in Illinois according to the law which now uses the term “allocation of parental responsibilities”; we continue to use “custody” in this article as many people are familiar with the term.
Parenting plans were introduced as a way to encourage the involvement of both parents in their child’s lives after a divorce. Additionally, the new law changes the way child support is allocated. Now the approach will consider the income and time spent with the child of both parents.
In order to determine who will receive temporary custody there are two paths. If the parents cannot agree on custody, each parent has to file a parenting plan within 120 days of asking the court for parental responsibilities. However, if the parents are in agreement as to who should have custody of the child, they are allowed to file one agreed-upon parenting plan within the 120 days.
If the parents cannot agree and file separate plans, the court will look at each plan and determine what is the most beneficial solution for the child. The courts decide based on the “best interests of the child” standards, which are recorded below for your reference.
To determine who is responsible for child support, the courts will look at both parents’ income and assign each parent their child support share based on how much time and responsibility they have with their child. Basically, the more time a parent spends with the child, the less money they are required to pay to the other parent.
There are many layers to the law, such as determining child support if a parent is unemployed or underemployed. If a parent decides to leave a job, the court may use their potential earnings to determine child support. If a parent has been out of the workforce for an extended period of time and refuses to look for employment, that will also be taken into account.
Determining custody of children is important and while ultimately the court will have the final say, the process will be easier if you work with an attorney you trust and who will advocate for you and the wellbeing of your child.
The “best interest of the child” standard which the court uses to determine custody, includes the following considerations:
- The wishes of the child, taking into account the child’s maturity and ability to express reasoned and independent preferences as to decision-making;
- The child’s adjustment to his or her home, school, and community;
- The mental and physical health of all individuals involved;
- The ability of the parents to cooperate to make decisions, or the level of conflict between the parties that may affect their ability to share decision-making;
- The level of each parent’s participation in past significant decision-making with respect to the child;
- Any prior agreement or course of conduct between the parents relating to decision-making with respect to the child;
- The wishes of the parents;
- The child’s needs;
- The distance between the parents’ residences, the cost and difficulty of transporting the child, each parent’s and the child’s daily schedules, and the ability of the parents to cooperate in the arrangement;
- Whether a restriction on decision-making is appropriate under Section 603.10;
- The willingness and ability of each parent to facilitate and encourage a close and continuing relationship between the other parent and the child;
- The physical violence or threat of physical violence by the child’s parent directed against the child;
- The occurrence of abuse against the child or other member of the child’s household;
- Whether one of the parents is a sex offender, and if so, the exact nature of the offense and what, if any, treatment in which the parent has successfully participated; and
- Any other factor that the court expressly finds to be relevant.
