What Do We Have To Include in a "Parenting Plan" in Illinois?
When parents divorce or separate, the "Allocation of Parental Responsibilities" (formerly called "custody") document for minor children can sometimes be a point of serious contention. A "Parenting Plan" document, which gets included in an "Allocation Judgment", outlines the official terms of custody, and if you go through the court system to work out custody disputes, Illinois law requires you to have one. Ultimately, decisions must be made regarding the legal obligations and rights of both parents and children, and an experienced Oak Park, IL parental responsibilities attorney can help.
What Are the Requirements for a "Parenting Plan" in Illinois?
An Illinois "Parenting Plan" document will contain basic information that you would expect to see in any custody order, such as employment and contact info for both parents. Other minimum requirements include:
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Designation of specific decision-making responsibilities;
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Acknowledgment that parents may attend mediation for any future parenting disputes that may arise;
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A schedule for parenting time or a method for determining the schedule;
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Designation of a custodian as outlined in Illinois statute 750 ILCS 5/606.10;
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Acknowledgment that a parent must provide a 60-day written notice to the other parent if they wish to move;
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Transportation arrangements relating to parenting time exchanges;
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Provisions for notifying a co-parent of emergencies and travel plans; and,
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A procedure for addressing modifications to the parenting plan in the future.
Parents should also consider including a provision called the "right of first refusal". If this provision is in the "Parenting Plan" document, it gives parents the right to have possession of their child if their co-parent is unable to watch the child during their scheduled parenting time. The "Parenting Plan" should address how the right is invoked, how the child will be transported if it is invoked, and what the guidelines are for giving notice and responding.
Who Files a "Parenting Plan" in an Illinois Parental Responsibilities Case?
Once a court case is started for a custody matter, you and your co-parent have 120 days to file your proposed "Parenting Plans". You may file these separately, or file just one agreed-upon plan, but if no plan is submitted by the deadline, the court will hold a hearing to determine how to allocate parental responsibilities. Typically, a judge will approve a "Parenting Plan" that both parents have agreed to, as long as it serves the child’s best interests.
If you submit separate plans and cannot come to an agreement, the judge will review both plans and enter a final, enforceable court order. Working with an attorney to create your "Parenting Plan" ensures that you understand the laws that apply and the factors the judge will consider when deciding on an order. The court generally encourages parents to be as detailed as possible when creating their plans.
Contact an Oak Park, IL "Parenting Plan" Attorney Today
A well-crafted "Parenting Plan" ensures that your child’s best interests are the priority. At the Law Office of Vincent C. Machroli, P.C., we understand the emotional nature of this topic, and our Hillside, IL child custody lawyer is well-versed in the laws that apply to custodial issues, including those that govern your rights as a parent. Call 708-449-7404 to schedule a no-charge legal consultation to take the first step in creating a quality "Parenting Plan".