Yes, parenting plans are mandatory in Illinois divorces involving minor children, and parents must submit a plan for court approval.
Understanding Parenting Plans in Illinois
A parenting plan is a required document in Illinois divorces or custody cases when minor children are involved. The plan outlines how parenting time and decision-making responsibilities will be divided between the parents, ensuring the child’s best interests are prioritized. If parents cannot agree on a plan, the court will impose its own parenting plan based on the evidence presented.
Legal Context for Parenting Plans
Under the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5), divorcing parents are required to file a parenting plan within 120 days of filing for divorce.
Key Requirements of a Parenting Plan:
- Parenting Time Schedule: Specifies when the child will spend time with each parent, including regular schedules and holidays.
- Decision-Making Responsibilities: Outlines which parent will make decisions regarding the child’s education, healthcare, extracurricular activities, and religion.
- Communication Rules: Sets expectations for how parents will communicate about the child.
- Dispute Resolution: Provides a process for resolving future disagreements about the plan.
Failure to Submit a Parenting Plan:
If parents do not file a parenting plan, the court may impose one based on what it deems to be in the child’s best interests.
Steps to Create and Submit a Parenting Plan
- Collaborate With the Other Parent
Work together to create a parenting plan that reflects the child’s needs and both parents’ schedules. - Address All Required Elements
Ensure the plan includes a detailed parenting time schedule, decision-making responsibilities, and dispute resolution procedures. - File the Parenting Plan With the Court
Submit the completed parenting plan within the required timeframe for court approval. - Attend a Hearing (if necessary)
If the court finds the plan incomplete or not in the child’s best interests, it may schedule a hearing to make necessary adjustments.
How Attorneys Can Help
An experienced family law attorney can:
- Assist in drafting a parenting plan that complies with Illinois law and addresses your unique circumstances.
- Mediate conflicts with the other parent to create a cooperative plan.
- Represent you in court if a hearing is required to resolve disputes.
- Help modify an existing parenting plan if circumstances change.
Need Help With a Parenting Plan?
Call (630) 366-1760 to consult with a family law attorney. We’ll guide you through the process of creating, submitting, or modifying a parenting plan that works for your family.
Disclaimer: This page provides general information and is not intended as legal advice. For personalized assistance, consult a licensed attorney.
