Whether your custody situation involves one child or multiple children, whether the other parent is cooperative or contentious, whether you want primary custody or equal parenting time, there is one common theme among all parenting plans: they directly impact your child's well-being and your relationship with your children. Under these circumstances, it can be easy to overlook important details or to compromise on matters that significantly affect your parenting rights and your child's stability. A family law lawyer in IL will make sure your parenting plan is comprehensive, enforceable, and that your rights and your child's best interests are fully protected.
At Katherine L. Maloney & Associates, LLC, our family law attorneys in Plainfield help clients understand what's at stake in parenting plan decisions. Some of the most common questions asked are answered here for you. We know that informed parents make better decisions for themselves and their families. If you want specific answers that relate to your unique situation, contact us online or at 815-556-2057 to schedule a Free Consultation.
1. What is a parenting plan in Illinois?
A parenting plan is a written agreement that outlines how parents will share responsibilities and time with their children after separation or divorce. It covers decision-making authority, parenting time schedules, and how parents will handle child-related issues.
2. Is a parenting plan required in Illinois?
Yes, Illinois law requires all parents going through divorce, legal separation, or custody cases to submit a parenting plan to the court. The plan must address all significant issues related to the children's care and upbringing.
3. Who creates the parenting plan?
Parents can create the plan together through negotiation or mediation, or each parent can submit their own proposed plan. If parents cannot agree, the court may appoint a Guardian Ad Litem to assess and make recommendations to the judge. The judge will then create a parenting plan after hearing evidence at trial.
4. When is a parenting plan established?
A parenting plan is typically established within the first 6 months of the divorce or parentage proceedings but can also be created or modified later if circumstances change. Unmarried parents can also establish parenting plans through the court system.
5. Can we create our own parenting plan without going to court?
Yes, parents can create their own parenting plan, but it must still be submitted to and approved by the court to be legally enforceable. Working together to create a plan often results in better outcomes for everyone involved.
6. How detailed should a parenting plan be?
Parenting plans should be as detailed as necessary to prevent future disputes and provide clear guidance for both parents. The more comprehensive and specific the plan, the fewer disagreements you're likely to have later.
7. What happens if we don't have a parenting plan?
Without a court-approved parenting plan, there's no legal framework for parenting time and parental responsibilities, which can lead to conflicts and confusion. The court may issue temporary orders until a final plan is established.
8. How long does a parenting plan last?
A parenting plan generally remains in effect until the child turns 18 or graduates from high school, whichever occurs later. However, a parenting plan may address post-high school expenses, such as college applications and tuition.
9. What's the difference between joint and sole decision-making?
Joint decision-making means both parents share authority and must agree on major decisions, while sole decision-making gives one parent the authority to make decisions independently. Courts prefer joint decision-making when parents can cooperate effectively.
10. Can we split decision-making responsibilities?
Yes, parents can allocate different categories of decisions to different parents (for example, one parent makes education decisions while the other makes healthcare decisions). This arrangement requires clear communication and mutual respect.
