Understanding an Illinois Parenting Plan

When parents in Illinois undergo divorce or separation, a well-defined parenting plan is the roadmap that guides their co-parenting journey. This essential document outlines how parents will share their children’s lives, from daily schedules to significant decisions. A detailed, through parenting plan is vital for both parents and, most importantly, for providing stability and predictability for the children. This post is about details that go into an Illinois Parenting Plan.

 

What exactly is “parenting time” in Illinois?

 

In Illinois law, “parenting time” refers to the schedule that dictates when each parent will have the children in their care. It’s more than just “visitation”; it encompasses the time a child spends with each parent, including weekdays, weekends, overnights, summers and holidays. A detailed parenting time schedule will specify the exact days and times for exchanges, locations for pick-up and drop-off, and how transitions between households will occur. The goal of a comprehensive parenting time schedule is to provide a clear and consistent routine for the children, allowing them to nurture strong relationships with both parents.

 

How are “parental responsibilities” allocated?

 

Illinois law outlines four key areas of “parental responsibilities,” which refer to the authority to make significant decisions about a child’s upbringing:

 

• Education: Decisions regarding schooling, tutoring, and educational support.

 

• Health care: Decisions about medical, dental, and mental health treatment.

 

• Religious upbringing: Decisions concerning religious education and practices.

 

• Extracurricular activities: Decisions about participation in sports, clubs, and other outside interests.

 

A parenting plan will clearly state how these responsibilities are allocated. They can be allocated solely to one parent or shared between both parents. If shared, the plan may specify whether decisions need to be made jointly or if one parent has the final say in case of disagreement on a particular issue. The allocation aims to serve the child’s best interests while considering the parents’ ability to cooperate.

 

Can a parenting plan be changed?

 

Yes, an Illinois parenting plan can be modified changed, but it’s not a simple process. To change a parenting plan, the parent seeking the modification typically needs to demonstrate to the court that there has been a substantial change in circumstances since the original plan was put in place. This change must affect the child’s best interests. Examples of substantial changes could include a significant change in a parent’s work schedule, a parent’s relocation, or evidence of a child’s changing needs. The court will then review the proposed modification and determine if it is in the child’s best interests.

 

As a part of wanting to change a parenting plan, you will have to mediate. I love mediating modifications with parents to help them craft a parenting plan that can grow with this child or children.

 

What happens if my ex-spouse violates the parenting plan?

 

If your ex-spouse violates the terms of the parenting plan, you have legal recourse in Illinois. The first step is often to attempt communication to understand the reason for the violation and try to resolve it amicably. If communication fails, or if the violation is significant or repeated, you can consider mediation to facilitate a resolution. If these steps are unsuccessful, you may need to file a petition with the court to enforce the parenting plan. The court can then hold the violating parent accountable, which could involve various remedies, such as make-up parenting time, requiring the violating parent to attend co-parenting classes, or even imposing sanctions in more serious cases. Documenting all violations is important when seeking enforcement.

 

I do not handle cases seeking court enforcement of an Illinois Parenting Plan.

 

Does an Illinois parenting plan address holiday schedules?

 

Yes, a comprehensive parenting plan in Illinois almost always includes a detailed holiday schedule. This section outlines how holidays, school breaks, and special occasions will be divided between the parents. It typically specifies which parent has the children for which holidays in alternating years or according to a set schedule. Clear holiday provisions help prevent conflicts and ensure that children have predictable time with both parents throughout the year, including important family traditions.

 

So what happened to Joint Custody?

 

In 2017, the Illinois Legislature significantly rewrote the law concerning parenting in Illinois. Joint custody was a term that actually had little meaning prior to then. Sometimes it meant that both parents could make decisions, or that the father had time with the kids. Some people thought that sole custody meant that they could decide that the other parent would not get to see the child. Since the old law led to inconsistent applications and fostered situations where people would spend thousands of dollars for the opportunity to have a say in medical decisions, the law was revised. Rather than starting from the idea that one parent had to have ownership of the children, the law now focuses on both parents having a role in their children’s lives.

 

Understanding your Illinois parenting plan is key to successful co-parenting. It provides a legal framework for raising your children in separate households while prioritizing their well-being.

 

If you are in the Metro East area and need your parenting agreement turned into your parenting plan, please reach out to my office. I have 20+ years of legal experience in drafting parenting plans and can help you turn your agreement into a court order.

 

Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. It is essential to consult with an attorney to discuss your specific situation and legal options