How to Create an Effective Parenting Plan During an Illinois Divorce

 Posted on July 26, 2023 in Divorce

Going through a divorce is not easy, especially when children are involved. Parents will need to address a variety of child-related issues as they work to dissolve their marriage, and they will need to reach agreements on how they will share custody of their children going forward. This will entail the creation of a parenting plan, which is a document that will be part of a couple’s divorce decree. A parenting plan outlines how parents will share the responsibilities of raising their children. 

If you are a parent who is getting divorced, you will need to create an effective parenting plan that prioritizes the best interests of your children while promoting a healthy co-parenting relationship. However, doing so will involve a variety of complex considerations, and you will need to understand the requirements that your parenting plan must meet under Illinois law. At Weiss-Kunz & Oliver, LLC, our attorneys can provide guidance and legal representation as you negotiate the terms of your parenting plan, and we will work closely with you to make sure you will have the tools to address your children’s ongoing needs in the future.

Putting Children's Best Interests First

As you develop your parenting plan, it is essential to prioritize the best interests of your children. When reviewing and approving the decisions made by you and the other parent, the court will consider whether your parenting plan will provide for your children’s ongoing needs and their overall well-being. Factors such as the ages of your children, their relationships with both parents, their educational needs, and their physical and emotional health may be taken into account. As you work to reach agreements about the terms of your parenting plan, you and your soon-to-be ex-spouse can make an effort to cooperate and make decisions that will ensure that you can co-parent your children together and meet their needs in the years to come.

Making Decisions About Parenting Time and Decision-Making Responsibilities

Some of the most important aspects of your parenting plan will address what is commonly known as the physical and legal custody of your children. The terms of your plan will detail specific issues related to:

Parenting Time:

Your parenting plan will include a detailed schedule specifying when your children will spend time with each parent. This includes regular parenting time on a daily/weekly basis, as well as holiday and vacation schedules. It is important to be specific about the start and end times of each parenting time period, as well as any transportation arrangements. The plan should also address how you will handle changes or deviations from the schedule, such as when one parent needs to travel or has a special event.

It is also important to address how you will handle parenting time exchanges. Your plan can include details determining the locations and methods of exchanging children between the two of you, as well as any rules or guidelines for communication during exchanges. Ideally, you will want to create a safe and comfortable environment for your children during these exchanges while minimizing any potential conflicts or tension.

Decision-Making Responsibilities:

It is likely that you and your former partner will be able to share legal custody of your children, which is known as the allocation of parental responsibilities in Illinois. Your parenting plan may specify how you will work together to make major decisions regarding your children's education, healthcare, religion, and extracurricular activities. It is important to specify whether these decisions will be made jointly by both parents or if one parent will have the final decision-making authority in certain areas.

If you will share decision-making authority, your parenting plan may outline the process that you will follow when making decisions together. You may state that you will have regular meetings or discussions to review and make decisions, and you can detail the methods that may be used to resolve any disagreements or disputes that may arise. If one parent has final decision-making authority in certain areas, you may agree that they will be required to consult with the other parent and keep them informed about these issues.

It is also important to address day-to-day decision-making responsibilities. These may include decisions regarding your children's daily routines, discipline, and activities. Your parenting plan can outline how these decisions will be made and you will communicate and consult with each other when necessary. By addressing these specific issues, your parenting plan can provide clarity and structure, and it can ensure that the best interests of your children will be protected.

Addressing the Right of First Refusal

You may want to consider including the right of first refusal in your parenting plan. This is a provision that will ensure that one parent will have the opportunity to care for the children if the parent is unable to do so during their scheduled parenting time. These arrangements can be beneficial for both parents and for your children. The right of first refusal will encourage both you and the other parent to be involved in your children's lives, and it can also ensure that your children will have consistent and meaningful relationships with both of you. It may also allow the parent will less parenting time to spend additional time with the children when the opportunity arises.

If you will be including the right of first refusal in your parenting plan, it is important to define the specific circumstances in which it applies. For example, the provision may state that if a parent is unable to care for the children for a period of four hours or more, they must offer the other parent the opportunity to care for the children during that time. The provision should also outline the methods of communication, the timeframes within which a parent must respond to the offer, and how transportation for children will be handled in these situations.

It is important to be realistic and reasonable when including the right of first refusal in your parenting plan. The provision should not be used as a means to control or monitor the other parent's activities, but rather as a way to prioritize your children's well-being and ensure their needs are met when a parent is unavailable. By including the right of first refusal in your parenting plan, both parents can have peace of mind knowing that your children's best interests are being considered.

Addressing Other Important Issues

There are several other important concerns that should be addressed in a comprehensive parenting plan. These issues include:

• Transportation: Your parenting plan should specify how transportation arrangements for your children will be handled. This can ensure that you understand who will be responsible for transporting the children to and from parenting time exchanges, school, extracurricular activities, appointments, or in other situations. It is important to be specific about the location and time of exchanges, as well as any rules or guidelines for transportation, such as car seat requirements or restrictions on third-party transportation.

• Communication: You can make decisions about how you and your ex will communicate with each other regarding your children. This may include determining the appropriate methods of communication, such as phone calls, text messages, email, or a co-parenting app. It is important to establish guidelines, such as the frequency and timing of communication, as well as any rules or expectations for ensuring that you can maintain respect and discuss matters effectively.

• Rules for discipline: You may work together to discuss guidelines for discipline and behavior management, including setting rules and expectations for your children and implementing agreed-upon consequences for misbehavior. When both parents are on the same page regarding discipline, this can help maintain consistency and stability for your children.

• Education and extracurricular activities: Your parenting plan can specify how you and the other parent will share information about school events, parent-teacher conferences, and academic progress. It can also detail how you will decide whether your children will be involved in extracurricular activities such as sports, clubs, or music lessons.

• Holidays and vacations: As you decide when your children will stay with each parent on school vacations or important days, you may want to make specific arrangements to address special occasions or family traditions. Your parenting plan may also address how summer, winter, or spring break vacations will be planned, the notification requirements that will apply when a parent travels out of state with the children, and when children may spend time with extended family members on different holidays.

Being Willing to Cooperate and Compromise

Flexibility can be a key element of a successful parenting plan. As you determine how to co-parent your children effectively, the two of you can make an effort to see things from each other’s perspectives. Making adjustments to schedules to accommodate each other, being willing to help out when necessary, and maintaining good communication about child-related issues can go a long way toward fostering a positive environment for your children. 

It is also important to understand that circumstances may change over time, and you should be open to modifying your parenting plan when necessary. If your work schedules or your children’s school and activity schedules change, you may adjust parenting time schedules accordingly. You may also update other aspects of your parenting plan to accommodate your children’s changing needs. As you address these issues, both parents should be willing to compromise and find solutions that are in the best interests of your children.

Professional Guidance

Creating a parenting plan can be complex, especially when a divorce involves strong emotions. To ensure that your rights will be protected and that your parenting plan will meet all legal requirements, you can work with an experienced family law attorney. Your lawyer can provide valuable advice and help you determine the best approach to take when negotiating your parenting plan. 

There are other professionals who can provide assistance and support as you resolve disputes about child custody and negotiate a parenting plan:

• Therapists or counselors: Mental health professionals can play a crucial role in helping you navigate the emotional aspects of divorce and co-parenting. You and your spouse may want to work together with a family therapist to develop effective communication skills and strategies for resolving disagreements. A family counselor can also provide guidance on how you can prioritize your children's well-being and develop a healthy co-parenting relationship.

• Child custody evaluators: In some cases, it may be necessary to involve an outside expert who can make recommendations on how to resolve issues related to child custody. An evaluator can assess your children's needs, each parent’s ability to meet those needs, and the overall suitability of a proposed parenting plan. They can provide valuable insights and guidance on how to ensure that the terms of your parenting plan will provide for the best interests of your children.

• Mediators: If you are having difficulty reaching agreements on certain aspects of your parenting plan, it may be beneficial to use mediation to attempt to resolve your differences. You and the other parent can work with a mediator who will serve as a neutral third party who facilitates communication and helps you find common ground. They can assist in resolving conflicts, exploring different options, and reaching mutually acceptable solutions. 

Contact Our Elmhurst Parenting Plan Lawyers

If you need assistance in creating an effective parenting plan during your Illinois divorce, the experienced DuPage County child custody attorneys at Weiss-Kunz & Oliver, LLC are here to help. We understand the legal issues that will need to be addressed in a parenting plan, and we can provide the guidance and support you need during this challenging time. Contact us at 312-605-4041 to schedule a consultation and discuss your case. 

Source:

https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=075000050K602.10