Parenting Plan Lawyer for Custody & Visitation

Parenting time is a new term that replaces child custody.  Formerly, child custody focused on decisions concerning with which parent the children would reside.  Such parent would be the “custodial” parent, while the other parent was said to have “visitation.”

These terms have become outdated, as both parents are now assumed to be entitled to significant time with their children (or “parenting time”).  Thus, the terms “custody” and “visitation” denigrate the relationship to which parents are entitled with respect to their children.

A parenting plan is a document that allocates parental responsibilities, such as major decision-making and the amount of time each parent can spend with a child. If both parties can amicably agree on pertinent decisions regarding the care of a child, they may execute and file a single, joint parenting plan.

At a minimum, an Illinois parenting time plan must detail:

• Where a child will live;
• The time a child will spend with each parent;
• How each parent can obtain information and records regarding a child; and
• How a child will be transported between visits.

In highly contentious matters or when parents are unable to agree on critical decisions, the parties may file separate plans. In such cases, Illinois courts will examine the details of both plans and determine what is in the best interests of the child. Alternatively, if neither party files a parenting plan, a judge will make a determination based on what he or she believes is in the best interest of the child.

As noted above, parenting time concerns more than just a schedule of when each parent will have their children.  It also involves determining how the major decisions regarding the education, health care, and religious instruction of children will be made.

More specifically, there may be issues such as:

• Will the children attend public or private school?
• Will the children have special instruction in music, sports, or other activities that may require significant time and/or money?
• Will the children require braces or have other medical needs that need to be addressed?

As all parents know, these and other matters require money.  To the extent that these issues (and who will pay) can be addressed in a parenting plan agreement, the more smoothly that parenting will go, both for the parents and the children.

Parenting time and child custody decisions are not easily modified without the consent of both parents, and the decisions set forth in a parenting time agreement can have ramifications for years. As a result, it is vital to fully understand every aspect of the parenting plan detailed in a parenting time and custody agreement.

There are three different types of custody arrangements in Illinois: joint custody, sole custody, and shared custody.  Contrary to common belief, “Joint Custody” does not mean equal decision-making and parenting time.  Instead, the provisions of a Joint Parenting Agreement govern how these, and other aspects will be handled. As such, it is critical to ensure that your parenting time plan meets your and your children’s long-term needs and objectives.

In Illinois, Child Custody issues are governed by the Illinois Marriage and Dissolution of Marriage Act (the “Illinois Divorce Act”) which directs the Court in custody matters to act in accordance with the “Best Interests Test.” Simply stated, the Judge will seek to determine what custody arrangement is best for the children.

There is an initial presumption for joint legal custody and a trend towards equality between the mother and father in determining physical custody. The process of determining custody is designed to force the parents to negotiate, with each step becoming more time-consuming and expensive.

A parenting plan must be filed within 120 days of petitioning the Illinois family courts for parental responsibilities. If both parents come to an agreement regarding parenting time and major decisions concerning a child, a joint parenting plan (executed by both parties) can be filed with the court. Conversely, if the parties cannot come to an agreement, each parent may file separately.