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Co-parenting after a divorce can be challenging, but Illinois law encourages both parents to remain active in their child’s life whenever possible. A well-structured parenting plan is essential for minimizing conflict and providing stability for the child. Under 750 ILCS 5/602.10, Illinois law requires parents to submit a Parenting Plan outlining decision-making responsibilities, parenting time, and methods for handling disputes.
A successful parenting plan should address the following:
By having a well-drafted parenting plan, parents can reduce misunderstandings and focus on what matters most—the well-being of their child.
Effective communication is key to successful co-parenting. Illinois courts prioritize the best interests of the child under 750 ILCS 5/602.7, which includes evaluating how well parents can work together. Parents should communicate respectfully and professionally, even in difficult situations.
Some strategies to improve communication include:
A structured parenting schedule helps create stability. Structured means that a written schedule is agreed to and generally followed by the parties. Unexpected events, like illness or work schedule changes, may require modifications to parenting time, but these can be made by agreement of the parties if it is just a 1-time change. If the change is more permanent, then it is advised that the parties make an effort to sit down and come to a written agreement modifying their parenting agreement. Parents who demonstrate flexibility and cooperation can reduce tension and prevent unnecessary legal battles and in turn will earn more credibility and goodwill with the Court in the process.
However, significant modifications to a parenting plan require court approval. Under 750 ILCS 5/610.5, a parent seeking to modify a parenting plan must prove that a substantial change in circumstances has occurred and that the modification serves the child’s best interests.
Illinois law strongly discourages parental alienation, which occurs when one parent actively undermines the child’s relationship with the other parent. Under 750 ILCS 5/602.7(b), courts consider each parent’s willingness to facilitate and encourage a close relationship between the child and the other parent.
Signs of parental alienation include:
Parents who suspect parental alienation should document concerning behavior and consult an attorney to protect their parental rights.
Even after divorce, both parents have the right to raise their child according to their own values and household rules, as long as the child’s well-being is not at risk. Disagreements over bedtime, diet, discipline, or extracurricular activities are common, but they should not escalate into legal disputes unless there is evidence of harm.
To reduce tension:
Even with the best intentions, conflicts may arise that require legal intervention. Modifications to custody, parenting time, or enforcement of court orders can be pursued through the family court system under certain circumstances. Oftentimes the Court will require the parties to go to mediation to attempt to resolve the disputes first. If the parties are still unable to reach a resolution after attending mediation, then the Court has the discretion to decide how to resolve the issue.
If a parent willfully violates a court-ordered parenting plan, the other parent can file a Motion for Contempt under 750 ILCS 5/607.5. The court may impose penalties, create parenting time, fines, or even modifications to custody.
Yes, under 750 ILCS 5/610.5, parenting plans can be modified if there is a significant change in circumstances that affects the child’s best interests. Common reasons include relocation, a parent’s inability to comply with the agreement, or changes in the child’s needs.
Many co-parents use mediation or collaborative law to resolve disagreements without litigation. Mediation allows parents to work with a neutral third party to find mutually agreeable solutions, often preventing unnecessary stress and legal costs.
Courts in Illinois prioritize positive co-parenting and may intervene if one parent is actively harming the child’s relationship with the other. Document the behavior and seek legal guidance if necessary. Illinois courts never support the parties discussing their differences directly with the child.
Illinois law does not give children the absolute right to choose which parent they want to live with. However, under 750 ILCS 5/604.10, the court may consider the child’s preference if they are mature enough to express a reasonable opinion.
Repeated violations of a parenting agreement may be grounds for court intervention. Parents who experience consistent missed visitations or last-minute cancellations may request modifications or legal enforcement through the court.
Successful co-parenting requires commitment, flexibility, and legal awareness. At SBK Law Group, we help parents create and enforce parenting plans that protect their rights and prioritize their child’s best interests. Call our divorce lawyer in Lombard at SBK Law Group by calling 630-427-4407 to receive your free consultation. We represent clients in Downers Grove and throughout Chicago from our office locations in Lombard, Illinois.
