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DuPage County parenting plan attorneyIf you are getting divorced in Illinois, and you share children with your spouse, you will be required to create a parenting agreement or parenting plan. This agreement is a detailed description of how you and your spouse will share parenting duties after your divorce, and it will ultimately become a legally binding court order. The plan also contains important information about the parents’ rights and responsibilities. Forming a parenting plan that both parents agree to is often one of the most difficult aspects of a divorce involving children. If you are a parent who is getting divorced, reach out to a skilled child custody lawyer for help with your parenting plan.

Allocation of Parental Responsibilities

Parental responsibilities refer to what was once called “legal custody” in Illinois. Major decisions about the child’s life, including decisions related to school, extracurricular activities, healthcare, and religion, fall under the umbrella of parental responsibilities. A parenting plan will need to describe which parent is in charge of these decisions. One parent may take on some or all of the decision-making responsibilities, or the parents may share these responsibilities.

Parenting Time Schedules

The time that a parent is directly responsible for the child’s daily needs is called “parenting time.” Parents are free to divide parenting time in a way that works for their unique needs. For example, one parent may take the child on the weekends, while the other parent takes the child during the week. Per Illinois law, the parenting plan must contain either a detailed schedule of how parenting time is allotted between the parents or a method for determining parenting time that is detailed enough to be legally enforceable.  Parents will also need to address how they plan to share parenting time on holidays, school vacations, and in other atypical circumstances.

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Wheaton, IL parenting plan modification attorney for parental relocationIf you are unmarried or divorced, and you have children, you may share parental responsibilities and parenting time with your child’s other parent. In situations like this, parents are subject to certain rules and procedures when they move. The laws in Illinois regarding parental relocation changed significantly in 2016. Now, if a parent wants to move, and the move meets certain criteria, they may need to get court approval. Whether you are unmarried, divorced, or plan to end your marriage soon, it is important to be aware of parental relocation laws.

Defining “Relocation” According to Illinois Law

Before the changes to Illinois family law, the parent who was the “primary residential parent” could move anywhere in the state without getting permission from the other parent or the court. However, if they wished to move outside of Illinois – even if the move was only a few miles away – they needed to take certain legal steps.

Illinois law has since been updated to be more consistent. Moving a short distance away does not require approval. However, when a move is significant, this is called a “relocation.” A relocation occurs when a parent with the majority of parenting time or an equal amount of parenting time:

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DuPage County child custody dispute lawyerIf you are a married parent who is thinking of getting divorced, you probably have concerns about how this will impact your child. You may also have concerns about how you and your child’s other parent will share custody of your child. In Illinois, child custody is divided into two primary components: allocation of parental responsibilities and parenting time. Parental responsibilities involve the decision-making authority a parent has regarding important issues in a child’s life, while parenting time is the actual time a parent spends caring for their child. If you are like many parents facing a potential child custody dispute, you may wonder if your child will have any say in how parental responsibilities and parenting time will be divided.

Negotiating a Parenting Plan

According to Illinois law, you and your child’s other parent have 120 days after filing for divorce to submit a parenting plan. Your plan must contain decisions about many different issues including:

  • How you will make major child-related decisions

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DuPage County family law attorney for holiday child custodyThis holiday season is shaping up to be like none other. If you are in the middle of a separation or divorce, your holiday season may be especially complicated. Sharing custody of children with a soon-to-be ex-spouse is hard enough, but sharing custody during the holidays can be even harder. Keep the following tips and suggestions in mind to help your holiday season go as smoothly as possible for you and your children:

Plan the Details in Advance

When a couple with children files for divorce in Illinois, they have 120 days to create and submit a “parenting plan.” This plan will describe how they will make major decisions about the child, who the child will live with on what days, how the child will be transported between homes, and much more. If you have not yet filed for divorce, or if you have not made any decisions about the allocation of parental responsibilities and parenting time, you may only have a casual agreement about which parent the children will see on which days. This can lead to miscommunication and frustration. It is better to plan your holidays in advance. Decide where the children will stay on what days, when they will be picked up and dropped off, and other details, and then put these decisions in writing.

Use Technology to Your Advantage

There are many computer programs and smartphone applications that can help you and your ex collaborate when making decisions about parenting issues. Using email or text messages to communicate about children can help avoid in-person arguments, and this can also serve as an important record of the plans you and your spouse have made. Apps like Cozi, Coparently, and OurFamilyWizard allow you to keep track of schedules, expenses, and other child-related information.

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DuPage County parenting plan lawyerIf you are a parent who is getting divorced in Illinois, you will need to create a parenting plan or parenting agreement. According to Illinois law, parents must file a parenting plan within 120 days of filing for divorce. If they cannot agree on a parenting plan, they may each file their proposed plan separately from the other spouse. Parents who disagree may be able to negotiate a settlement through mediation or with help from their attorneys. If parents cannot reach an agreement, the court may need to intervene.

Parental Responsibilities and Parenting Time

You and your spouse will need to make determinations about child custody, which is now referred to as the allocation of parental responsibilities, and parenting time. Parental responsibilities refers to decision-making authority about children’s medical care, education, extracurricular activities, and religion. Parenting time refers to the days and times that a parent directly cares for the child. 

Creating a parenting time schedule is not as simple as it may initially seem. For example, you and your spouse may decide that one parent will have your child Monday through Thursday, and the other parent will have the child Friday through Monday. However, you will also need to account for issues such as holidays, family vacations, and who should watch the child when a parent cannot fulfill his or her parenting time obligations.  

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