What Happens if I Fail to Create a Parenting Plan in Illinois?

 Posted on April 24, 2024 in Child Custody

Two parents who get divorced in Illinois are required by law to create a parenting plan. A parenting plan is a legally binding document that outlines the responsibilities of each parent toward the child. It is signed by both parents and must be submitted to the court.

Many elements go into a parenting plan, and parents may not agree with each other on all of them. Because of this, it is recommended to have an experienced family lawyer assist you in creating a parenting plan.

This article will discuss what a parenting plan must include and what happens if you fail to create one.

What Does a Parenting Plan Include?

Under Illinois law, a parenting plan must include at least the following:

• How decision-making responsibilities will be divided among the parents

• Living arrangements for the child

• A schedule for parenting time, which is when each parent has the child under his or her care

• A formula for how to schedule parenting time in the future if a schedule is not included

• The right of each parent to the child’s medical, dental, psychological, school, and child care records, along with any relevant reports and schedules

• Which parent will have the majority of parenting time

• The child’s living address for school enrollment purposes

• Each parent’s living address and employment address

• A requirement that any parent who wants to change his or her address must notify the other at least 60 days before

• A requirement that each parent must notify the other of any emergencies, schedule changes, travel plans, or other events that are relevant to the child

• Transportation arrangements for the child when traveling between the parents

• How a parent may communicate with the child during the other parent’s parenting time

• How the parenting plan may be modified in the future if needed

• The right of first refusal, which is a parent’s right to take physical custody of the child if the other parent is out of town or is otherwise unable to do so

• Anything else that serves the child’s best interest

What if I Do Not Create a Parenting Plan?

Sometimes parents cannot agree on a parenting plan. In that case, each parent must submit his or her own plan to the court. A judge will then usually order the parents to attend mediation, where a mediator will try to get them to agree on a joint parenting plan. A mediator is a neutral third party appointed by the court who is trained in negotiation.

If the mediator fails to achieve a compromise between the parents, or if the judge feels that mediation will not be helpful, the court will decide on a parenting plan for the parents.

Contact an Oswego, IL Family Lawyer

A parenting plan is a legal document and contains provisions about very important issues in the child’s life and future. That is why it should be created with the help of an experienced Kendall County, Illinois family law attorney. Matthew Williams is a skilled lawyer with years of experience in family law and mediation who is passionate about getting you the best result possible. Call The Law Office of Matthew M. Williams, P.C. at 630-409-8184 today.