For divorcing spouses who have minor children from their marriage, developing a parenting plan will be a key step in the divorce process. A parenting plan is a more contemporary alternative to a traditional custody-and-visitation arrangement. It aims to find a mutually agreeable solution that serves the best interests of the child or children involved.

Divorcing spouses can develop a custom-tailored parenting plan from scratch—and, in many cases, this will be the best approach. However, the Illinois Courts have also published a standardized parenting plan form for divorcing spouses to meet the state’s minimum requirements. In this article, we take an in-depth look at the Illinois standardized parenting plan form, discuss its benefits and limitations, and highlight some key issues parents must address during the divorce process.

Whose Plan Is It?

The Illinois standardized parenting plan form starts with a check-the-box section where the plan can be designated as either (i) Petitioner’s Parenting Plan, (ii) Respondent’s Parenting Plan, (iii) Agreed Parenting Plan, or (iv) Court’s Parenting Plan.

Generally speaking, the goal during a divorce is to reach an agreement on all aspects of the process that avoids the need to go to court. As a result, gaining an agreed-upon plan is the preferred option in nearly all cases. However, in some circumstances, it may make sense for each parent (the “Petitioner” and “Respondent”) to prepare their own proposed plan first to see how closely their goals and priorities align.

While Illinois law requires that all parenting plans reflect the best interests of the child or children involved, divorcing parents often (though not always) have very different ideas about what this means. As a result, regardless of whether they decide to use the standardized parenting plan form, divorcing spouses will generally want to start the process by working with their respective divorce lawyers to assess their wants and needs before focusing on reaching a compromise.

Rights and Responsibilities of Both Parents

While Illinois’s standardized parenting time plan gives divorcing spouses options in most cases, the section labeled “Rights and Responsibilities of Both Parents” is mandatory. When developing a custom-tailored parenting plan, divorcing spouses must include similar rights and responsibilities to comply with the state’s parenting plan statute. As stated on the standardized plan, following a divorce, each parent must:

  • Make decisions about routine discipline, minor medical care, curfew, chores, and hygiene during his or her parenting time;
  • Share the contact information for their child or children’s healthcare providers with the other parent;
  • Share access to the child or children’s medical records, school records, extracurricular schedules, and child care information; and,
  • Notify the other parent “as soon as possible” of travel plans, emergencies, and other significant child-related matters.

To be clear, these are not necessarily the only rights and responsibilities that former spouses should have about post-divorce parenting—and the need to address additional rights and duties is among the main reasons to consider working with an experienced divorce lawyer to develop a custom-tailored plan. Not only can taking a comprehensive approach to planning during the divorce process help prevent disagreements and disputes in the future, but if an issue arises, a comprehensive and well-drafted plan will also provide clear guidance for finding a resolution.

Significant Decision Making

The Illinois standardized parenting plan form lists four “Significant Decision Making” types that can be assigned to one or both parents. These are:

  • Education-related Decision Making
  • Health-related Decision Making
  • Religious Decision Making
  • Extracurricular/Recreational Decision-Making

While these are all critical issues, these are also far from the only problems that may require a decision from one or both parents after their divorce. From screen time and driving to relationships and discipline, there are numerous other issues that parents will generally want to consider. Even if some of these issues (i.e., driving) may not come up until years later, making a plan now will help ensure everyone knows what to expect when the time comes.

Standard Parenting Time

The Illinois standardized parenting time plan includes a two-week schedule that addresses parenting time from 8:00 am to 9:00 pm and then separately addresses the “overnight” period from 9:00 pm to 8:00 am. This schedule is in a table format, and, as the form explains, divorcing spouses should enter one spouse’s name in each section of the table for each hour of the day (and each “overnight” period) from Sunday through Saturday.

This is true even when the couple’s child or children will be at school. As the form also explains, “[i]f the child is scheduled to be somewhere else, for example, school or afterschool activities, you must still enter the name or initials of the parent responsible for the child at that time.”

Special Parenting Time

Along with establishing a standard parenting schedule, Illinois’s standardized form also includes provisions for various types of special parenting time. These include:

  • Holidays
  • School spring break
  • School summer break
  • School winter break

While the standardized form covers some of the available options, it does not cover all of them nor birthdays and other special events. As a result, this is another area where divorcing spouses typically want to work closely with their respective lawyers to ensure they consider all relevant circumstances.

Transportation, Communication, and Other Child-Related Matters

The Illinois standardized parenting plan form also addresses transportation between the parents’ homes, pickup and drop-off procedures, communication between the parents, moving, a “right of first refusal” for child care, and the steps required to modify the plan. While these are all critical issues, this list is far from exclusive. To mitigate the risk of facing contentious (and potentially costly) disputes down the line, divorcing spouses must address all pertinent considerations when developing their post-divorce parenting plans.

Request a Free Consultation with Gurnee, IL Divorce Lawyer Deanna J. Bowen

Do you have questions about developing a parenting plan during the divorce process? If so, we invite you to contact us. To request a free consultation with Gurnee, IL, divorce lawyer Deanna J. Bowen, please call 847-623-4002 or contact us online today.