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:
- How significant decisions about the child will be made;
- A parenting time schedule that explains when the child will live with each parent;
- How any future modifications to the parenting plan will be handled;
- Transportation arrangements;
- Each parent’s right to access information about the child, such as medical records and school reports; and
- Several other child-related concerns.
Understandably, many divorcing parents have strong feelings about the provisions of the parenting plan. This can make it difficult for many parents to reach an agreement. Before the case is heard in an Illinois court, the parents are typically required to participate in family law mediation. During mediation, the parents work with a neutral mediator who helps them discuss the disputed issues in a constructive, non-adversarial way. A skilled divorce lawyer may also help parents negotiate a parenting plan, without the need for court intervention.
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