For divorcing couples with children, it is essential that you and your soon-to-be ex-spouse author and agree to a written parenting plan, often referred to as a parenting plan or allocation judgment, during the course of finalizing a divorce. This plan should clearly articulate how much time the children will spend with each parent and how decisions will be made regarding the health, education, religious studies and extracurricular activities of the children. Even if you and your soon-to-be ex-spouse are going through an amicable divorce, it is important to involve lawyers to write the plan to ensure that all of the needs of the children will be met.
Written plans are important because they help establish a routine for care, and studies have shown that routines help children feel secure, especially during times of emotional upheaval. In 2016, the Illinois Marriage and Dissolution of Marriage Act defined the terms ‘parenting time’ and ‘parental responsibilities’. Parenting time covers the time each spouse will physically spend as the primary caregiver for the child, while parental responsibilities covers life decisions such as medical care, where a child will go to school, etc. A parenting plan should cover each area extensively. From time-to-time, as life situations change, these agreements can be altered and approved again by the court.
A good parenting plan will take the considerations of the children into account before the feelings of the parents. When deciding how parenting time will be shared, it is important to consider how old your children are and whether they would benefit or be hurt by location changes that impact where they go to school or proximity to friends. Studies have shown that younger children (toddlers and pre-school age) can benefit from switching between parents’ homes every few days, but school-aged children may benefit from a schedule that keeps them in one place for several days at a time. Extracurricular activities such as participation in team sports and music programs should also be considered when putting together a parenting plan.
Parents’ work and social commitments should be accounted for when making these decisions. If one parent travels two weeks out of every month for work, for instance, a residential plan that calls for the child splitting every week with each parent wouldn’t work well.
Detailed plans help to eliminate future conflict between parents. Parenting plans may include everything from the basic schedule of what home the children are in to how the children are being transported to and from school and activities to plans for care coverage on holidays and during the summer to guidelines on how babysitters or nannies are vetted, and much more.
Parents can use modern technology to put their plans into action. Setting up an electronic shared family calendar can keep all family members apprised of the schedule and will mitigate confusion.
Consulting a divorce attorney while putting together a parenting plan helps to ensure that all of the important details are covered in the plan and that protocols are in place in case one parent fails to follow the agreement.
