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The Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5/602.10) requires that any case involving parental responsibilities has a parenting plan entered within 18 months of the case’s start. Illinois courts require entry of parenting plans by a deadline to encourage stability, ensure the child’s needs are met while the case is still ongoing, and to prevent future conflicts between the parties.
Parenting plans are considered court orders that set out the parents’ legal responsibilities regarding parenting their minor child with the other parent. Not only is a parenting plan required by law, but a well-crafted one is vital for both the parents and the child to ensure that the major areas of raising the child are clearly set forth for both parents to understand. As family attorneys in Downers Grove, we guide our clients through the legal process of creating a parenting plan that serves their child’s best interests.
The best interests standard is heavily prevalent throughout the Illinois law that governs parenting cases. Parenting plans outline how significant decisions affecting the child will be made and how parenting time will be divided between the parents in a manner that best suits the child. A clear and well thought out parenting plan will prevent many disputes, both during the case and well after it is over. By working together to establish a detailed parenting plan, parents can reduce conflict, improve cooperation, and ensure their child’s needs are met consistently.
Under the Illinois Marriage and Dissolution of Marriage Act, there are 15 required provisions that a parenting plan must have. The most significant of those required provisions are the following:
Failure to submit a parenting plan can lead to the court creating one based on the child’s best interests, which may not align with either parent’s preferences.
In Illinois, parental decision-making authority is divided into ‘parental duty’ categories, often referred to as “significant decision-making responsibilities.” These parental duties can be shared or allocated to one parent. Under 750 ILCS 5/602.5, courts consider the ability of the parents to cooperate and the child’s needs when determining how decision-making authority is allocated.
The significant decision-making responsibilities that must be given to either or both parents in the parenting plan are:
When both parents can collaborate effectively, courts may grant joint decision-making authority. If a conflict exists, one parent may receive sole authority over specific, or even all, of the above.
A comprehensive parenting plan must also establish a clear parenting time schedule, as outlined in 750 ILCS 5/602.7. Parenting time (formerly known as visitation) specifies when each parent will physically have the child.
Common elements of a parenting time schedule include:
The court prioritizes the child’s best interests when setting parenting time schedules or reviewing an agreement reached by the parties. The court may impose a parenting plan when divorcing parents cannot reach an agreement.
Life circumstances often change after a divorce, requiring modifications to the original parenting plan. To promote stability, generally, under Illinois law (750 ILCS 5/610.5), a parenting plan cannot be modified within the first two years after it has been entered by the court. However, there are some exceptions to that rule, where modifications can be made earlier by stipulation of the parties, to place restrictions upon a parent, or the child’s mental, moral, emotional, or physical health is endangered.
After two years, parenting plans can be modified to serve the child’s best interests only where a significant change in circumstances has occurred since entry of the original parenting plan, with a few exceptions. Examples of valid reasons for substantial change in circumstances allowing for a modification of a parenting plan include: changes to the child’s educational or medical needs; relocation of a parent; or a parent’s failure to comply with the existing plan.
A substantial change in circumstances is not needed for a modification when the modification is in the child’s best interest and 1) the modification matches the pattern of care for the child for the last 6 months by consent of the parties; 2) it is a minor modification; 3) to fix a defect in an agreed parenting plan that would not have been approved by the court; or 4) there is agreement by the parties to the modification.
Overall, the court will evaluate the need to modify a parenting plan based on whether that modification serves in the child’s best interests, as the parenting plans are supposed to ensure that the child is in the best position possible to thrive at school and at home.
A comprehensive parenting plan in Illinois should assign decision-making responsibilities to the parties, a detailed parenting time schedule, communication protocols, and procedures for resolving disputes. Required elements under 750 ILCS 5/602.10 include how significant decisions about the child’s education, healthcare, extracurricular activities, and religious upbringing will be handled. The plan should also outline how transportation will be managed and how parents will share holidays and vacations.
Illinois courts determine parenting time based on the child’s best interests, as outlined in 750 ILCS 5/602.7. Factors include each parent’s relationship with the child, the child’s needs, the parent’s ability to cooperate, and any history of domestic violence. Parenting time can be shared equally or allocated based on the specific needs of the child and the parents’ living situations.
Yes, a parenting plan can be modified after a divorce under a few different scenarios. Generally, if there is a significant change in circumstances or the parties agree that a modification will best suit the child, that modification can be made. Under 750 ILCS 5/610.5, modifications may be granted if they serve the child’s best interests. Common reasons for modification include a parent’s relocation, changes in the child’s needs, or one parent’s failure to comply with the existing agreement.
If one parent violates a parenting plan, the other parent may seek enforcement through the court. Courts in Illinois can issue orders to compel compliance or even modify the parenting plan if violations continue. Under 750 ILCS 5/607.5, repeated violations may lead to consequences such as reduced parenting time or fines.
A family lawyer helps ensure a parenting plan is legally sound, comprehensive, and tailored to your family’s needs. We assist in drafting agreements that comply with Illinois law and protect parental rights while prioritizing the child’s best interests. We also represent clients in court to ensure the parenting plan reflects the facts of the case and protects your relationship with your child.
At SBK Law Group, we understand the importance of creating a parenting plan that protects your parental rights while prioritizing your child’s best interests. Our Downers Grove family lawyers are committed to helping families create detailed parenting plans that stand up in court and reduce conflict in the future.
If you need help drafting or modifying a parenting plan, contact SBK Law Group today. We represent clients throughout Downers Grove and all of Chicago. To discuss your specific custody concerns, please contact our Downers Grove custody modification attorney at SBK Law Group by calling 630-427-4407 to receive your free consultation. Let us protect your parental rights and secure the best future for your child.
