Parenting Plans in An Illinois Divorce
Divorce is never easy, but when children are involved, the process becomes even more complex. As a parent, you want to ensure that your child’s well-being remains the top priority, even as you navigate the emotional and financial challenges of ending your marriage.
One of the most important legal documents in a divorce involving children is the parenting plan. This agreement outlines how you and your ex-spouse will share responsibilities and make decisions regarding your child’s upbringing. Understanding what goes into a parenting plan is essential for creating a smooth co-parenting relationship and ensuring that your child’s best interests are protected.
What Is a Parenting Plan?
In Illinois, a parenting plan is a legally binding agreement that details how parents will handle child-related matters after divorce. Divorcing parents are required to submit a proposed parenting plan within 120 days of filing for divorce or initiating a custody case.
Ideally, both parents will work together to create a mutually agreed-upon plan. However, if disagreements arise, each parent can submit their own proposal, and a judge will determine the final arrangement based on what is in the child’s best interests.
Key Elements of a Parenting Plan
A well-structured parenting plan eliminates confusion, reduces conflict, and helps ensure a stable environment for your child. Here are the essential components that must be included:
1️. Allocation of Parental Responsibilities (Legal Custody)
Illinois uses the term “allocation of parental responsibilities” instead of “legal custody.” This section outlines who will make key decisions regarding your child’s:
Education (school selection, tutoring, special education needs)
Healthcare (medical treatments, doctor’s visits, health insurance)
Religion (if applicable, decisions about religious upbringing)
Extracurricular Activities (sports, hobbies, clubs)
Parents can share decision-making responsibilities or designate one parent to handle certain areas.
2️. Parenting Time (Physical Custody & Visitation)
Your parenting plan must clearly define the schedule for when your child will be with each parent, including:
Regular weekly schedule (who has the child on weekdays/weekends)
Holidays & special occasions (Thanksgiving, birthdays, religious holidays)
Vacation schedules (school breaks, summer vacations)
A well-detailed schedule minimizes misunderstandings and prevents future disputes.
3️. Communication & Conflict Resolution
Even after divorce, parents must communicate effectively to co-parent successfully. Your plan should outline:
How parents will communicate (phone, text, email, co-parenting apps)
How disputes will be handled (mediation, counseling, legal intervention if necessary)
Having a conflict resolution method in place can prevent minor disagreements from turning into major legal battles.
4️. Communication Between Parents & Children
Your child should have the ability to stay in touch with the other parent during parenting time. This section of the plan should specify:
When and how children can call or message the other parent
Reasonable time frames for communication (avoiding late-night disruptions)
This ensures that children maintain a healthy relationship with both parents.
5️. Transportation Arrangements
To avoid confusion, your plan should clarify:
Who will drop off/pick up the child during parenting exchanges
Where the exchange will take place (home, school, neutral location)
How delays or changes will be handled
6️. Access to Important Information
Both parents typically have the right to access school records, medical records, and other essential information about their child. Your parenting plan should specify:
How parents will access these records
Whether both parents can attend school events or medical appointments
7️. Relocation Rules
If one parent plans to move to a different city, county, or state, this could require a modification of the parenting plan. Your agreement should include:
Notification requirements for relocation
How modifications will be handled if the move impacts parenting time
8️. Right of First Refusal
The right of first refusal means that if one parent cannot care for the child during their scheduled time (due to work, travel, or emergencies), they must offer the other parent the opportunity to provide care before arranging alternative childcare.
This provision ensures that the child spends as much time as possible with a parent rather than a babysitter or third party.
Why a Parenting Plan Matters
A well-crafted parenting plan is more than just a legal requirement—it’s a roadmap for successful co-parenting. By addressing potential issues upfront, you can:
Protect your parental rights
Reduce conflicts and misunderstandings
Create a stable, loving environment for your child
Need help creating a parenting plan that works for your family? Alan Lenczycki is a Lake County family law attorney located in Libertyville, Illinois who can help you navigate the process, negotiate agreements, and ensure your child’s best interests are prioritized.
Contact Alan today to schedule a free initial consultation.
