In 2016, the way in which Illinois courts determine child custody was changed substantially. The Illinois Marriage and Dissolution of Marriage Act (IMDMA ) now calls child custody “the allocation of parental responsibilities,” and visitation is now referred to as “parenting time.” Divorcing parents must fill out a “parenting plan” document which states each parent’s parenting time and parenting responsibilities, as well as certain child-related rights and requirements. Reaching decisions about these issues can be challenging – especially in the midst of a contentious divorce. In some cases, the court will make decisions about parental responsibilities and parenting time for the parents.

Resolving Parenting Plan Disputes

Illinois parenting plans must contain a number of provisions, including provisions that address the following:

If you are going through a divorce, you will need to make a variety of difficult decisions involving the separation of your life, your finances, and your property from your spouse. While this can be a lot to deal with, the situation can become even more complicated if you and your spouse have children, because both of you will need to address the allocation of parental responsibilities (formerly known as child custody in Illinois), as well as parenting time (formerly known as visitation), and the decisions about these issues will be written down in an agreement known as a parenting plan, which will be part of your divorce decree. When creating a parenting plan, it is important to work with an experienced family law attorney to ensure that your parental rights and your child’s best interests are protected.

A married person may consider divorce as an option for leaving a stressful or unhappy relationship and getting a fresh start. Agreeing to dissolve a marriage can be a difficult choice, since a person may be unwilling to give up the unity and love that brought the couple together. The divorce process will require spouses to identify and resolve the legal issues that must be addressed when ending their marriage, including the allocation of parental responsibilities (formerly known as child custody), child support, and the division of marital property. However, the complexity that might be involved in resolving these matters could be a negative for some couples, and ending the marriage could also lead to unwanted attention or embarrassment for either spouse. For spouses who are considering divorce but are unsure about whether to proceed with the end of their marriage, consulting with a skilled family law attorney could identify some alternative options.      

Can Marriage Counseling Be Beneficial?

Working together with a marriage counselor is an option that a couple may be willing to try once issues arise that threaten the relationship. However, the success of these types of sessions will depend on the amount of time and effort each spouse is willing to put in. While counseling may help some couples save their marriage, research has shown that approximately 38% of married couples get divorced within four years of attending marital counseling.

The end of a marriage can signify a new start for a former couple. However, divorce can be difficult for any children who are involved, since they then often have to split time between both parents. A new alternative to having children split time between two houses after a divorce is called “bird nesting.” This refers to an arrangement in which the divorcing parents themselves divide their time in a home, instead of the children being uprooted from the home for parenting time. The parents may each rent their own apartment or condo, or they may share a dwelling where one parent will stay even when it is not their parenting time. This type of parenting solution is not for everyone, but if parents do wish to use this option, their parenting plan document can spell out the allocation of parental responsibilities, parenting time arrangements, and more. 

Pros and Cons of “Bird Nesting”

After a divorce, if either parent has to buy a new house, that is a considerable expense. Renting a small apartment or condo that both parents can share can save a lot of money. Utilities will be less, and there are no property taxes to pay. In addition, there can be emotional benefits to the concept of “bird nesting,” since the children will not have to shuttle back and forth between two homes. Sometimes, this type of situation can even help the parents transition easier after the divorce.

Many of the most significant concerns at the end of a marriage revolve around the future of the children. These worries often become so great that couples frequently stay in a unhealthy relationship to avoid any discomfort that the children may encounter. However, recent studies have shown that children of divorced parents are resilient, and they can often quickly overcome even the most difficult situations. Often, the adults are more frightened than the children due to the adults’ fear of the unknown. To help alleviate those concerns, we will answer some of the more common questions about child custody, which is now legally called the allocation of parental responsibilities in Illinois.

Will Both Parents Get to Spend Time With Children?