What Is A Parenting Plan And Do I Need One In Illinois?
When parents divorce or separate in Illinois, decisions about parenting time and decision-making responsibilities must be clearly defined to prevent disputes and ensure stability for the child. Illinois law requires parents to submit a parenting plan, which outlines how they will share parental responsibilities and time with their child. This legal document serves as a roadmap for co-parenting, setting clear expectations about important aspects of the child’s upbringing. Without a parenting plan, disagreements can escalate, leading to unnecessary legal battles.
Courts in Illinois prioritize the child’s best interests, and a well-prepared parenting plan can help establish a fair and workable arrangement that minimizes conflict. Understanding how parenting plans work and their legal requirements is essential for any parent involved in a divorce or custody case.
Legal Requirements For A Parenting Plan In Illinois
Under 750 ILCS 5/602.10, Illinois law requires parents to submit a parenting plan within 120 days of filing for allocation of parental responsibilities. If parents reach an agreement, they can submit a joint parenting plan for court approval. If they disagree, each parent submits a separate plan, and the court decides based on the child’s best interests. The plan must be in writing and include key provisions such as:
- Allocation Of Parenting Time – A detailed schedule outlining when each parent has custody, including weekdays, weekends, holidays, and school breaks.
- Decision-Making Responsibilities – Specification of which parent makes major decisions regarding education, healthcare, religion, and extracurricular activities.
- Communication Between Parents – Guidelines for how parents will communicate about the child’s needs and important updates.
- Transportation And Exchanges – Procedures for pick-ups and drop-offs, including location and responsibilities.
- Dispute Resolution – Methods for resolving disagreements, such as mediation or court intervention.
Failing to submit a parenting plan can result in the court imposing a schedule that may not align with the parents’ preferences.
How Courts Determine The Best Interests Of The Child
If parents cannot agree on a parenting plan, the court will evaluate the situation based on the child’s best interests under 750 ILCS 5/602.7. Factors the court considers include:
- The child’s needs, including emotional and physical well-being
- The relationship between the child and each parent
- Each parent’s ability to provide a stable home environment
- The child’s wishes, depending on their age and maturity
- The parents’ willingness to cooperate and encourage a healthy relationship with the other parent
- Any history of domestic violence or substance abuse
If a parent has a history of domestic violence, the court may place restrictions on parenting time or decision-making responsibilities under 750 ILCS 60/214 to protect the child.
The Role Of Domestic Violence In Parenting Plans
Domestic violence can significantly impact custody decisions and the terms of a parenting plan. If a parent has an order of protection against them, their parenting time may be limited, supervised, or even suspended if the court determines it is necessary for the child’s safety. In Illinois, the court has the authority to include protections in a parenting plan, such as:
- Supervised visitation
- Exchanges occurring in a safe, neutral location
- Limitations on overnight parenting time
- Prohibiting communication between parents outside of child-related matters
A parent who has been a victim of domestic violence should ensure their parenting plan includes safeguards that protect their child’s well-being.
Modifying A Parenting Plan
Circumstances change over time, and a parenting plan may need to be updated to reflect new realities. A court can modify a parenting plan if there is a substantial change in circumstances or if the current arrangement no longer serves the child’s best interests. Common reasons for modification include:
- A parent relocating to a different city or state
- Changes in the child’s school schedule or activities
- Concerns about the child’s safety or well-being
- A parent consistently failing to follow the parenting plan
Parents seeking a modification must file a petition with the court and demonstrate why the changes are necessary.
Illinois Parenting Plan FAQs
Is A Parenting Plan Required In Every Illinois Divorce Case?
Yes, Illinois law requires parents to submit a parenting plan in any case involving parental responsibilities. If parents cannot agree on a plan, the court will establish one based on the child’s best interests.
What Happens If My Co-Parent Refuses To Follow The Parenting Plan?
If a parent consistently violates the parenting plan, the other parent can file a motion to enforce it. The court may impose penalties, modify the arrangement, or require makeup parenting time.
Can A Parenting Plan Include Rules About Communication With My Child?
Yes, a parenting plan can specify communication guidelines, including phone calls, video chats, and electronic messaging. The court may limit communication if it determines that unrestricted contact is not in the child’s best interests.
How Does A Court Decide Who Gets Decision-Making Responsibilities?
The court evaluates factors such as each parent’s involvement in the child’s life, their ability to make responsible decisions, and the child’s best interests. Decision-making responsibilities can be shared or granted to one parent.
Can A Parenting Plan Be Changed If My Child’s Needs Change?
Yes, if circumstances change, either parent can petition the court for a modification. The court will assess whether the proposed changes benefit the child.
Does A History Of Domestic Violence Affect Parenting Time?
Yes, if a parent has a history of domestic violence, the court may impose restrictions, such as supervised visitation or reduced parenting time, to protect the child.
What Should I Do If My Co-Parent Is Alienating My Child From Me?
Parental alienation can negatively impact the child’s well-being. If a parent intentionally damages the child’s relationship with the other parent, the court may modify the parenting plan to address the issue.
Can A Grandparent Or Other Relative Be Included In A Parenting Plan?
Yes, if both parents agree, a parenting plan can include provisions for grandparent or relative visitation. However, courts typically prioritize the rights of the parents.
What Happens If A Parent Wants To Relocate With The Child?
If a parent plans to move a significant distance, they must provide notice and obtain court approval. The court considers how the move will affect the child’s relationship with both parents.
How Long Does A Parenting Plan Remain In Effect?
A parenting plan remains in effect until the child turns 18 or until the court modifies it due to changed circumstances.
Call Our Parenting Plan Attorneys In Chicago For Guidance And Support
At The Law Office of Fedor, I understand that child custody decisions are among the most important aspects of a divorce or separation. A well-crafted parenting plan provides stability for your child and reduces conflict between parents. Whether you need help drafting, modifying, or enforcing a parenting plan, I am here to guide you through the legal process and protect your parental rights.
If you need a parenting plan, contact the Law Office of Fedor Kozlov to schedule a consultation. Contact our Chicago parenting plan attorney at (847) 241-1299 for exceptional legal assistance. Our law firm represents clients in Schaumburg and throughout Chicago, Illinois.