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Free Guide to Hiring a Family Lawyer
A Parenting Plan is a formal framework for how parents will raise their children after separation or divorce. In Chicago and throughout Illinois, the term used is allocation of parental responsibilities and a Parenting Plan governs who makes major decisions and how time with the child is shared. The plan focuses on the child’s best interests and is often a key part of divorce, custody, or paternity actions filed in the Cook County Circuit Court.
In Illinois, courts consider factors such as each parent's ability to care for the child, the child's needs, and the stability of the home environment when creating or approving a Parenting Plan. The plan commonly includes decision making for education, health care, religion, and daily schedules, along with a detailed parenting time schedule. A well drafted plan can reduce conflict and provide a clear roadmap for both parents and the child.
The central statute guiding Parenting Plans in Illinois is the Illinois Marriage and Dissolution of Marriage Act (IMDMA). This law uses the term “allocation of parental responsibilities” to describe how major decisions and parenting time are divided between parents. It requires courts to make orders that serve the best interests of the child and to consider a detailed Parenting Plan as part of the proceedings.
Key statute and concept - Allocation of Parental Responsibilities under IMDMA. This framework directs how Chicago and Cook County courts assess, negotiate, and enforce parenting decisions and time sharing. For the exact statutory text, refer to the Illinois General Assembly’s IMDMA provisions.
In Illinois, the standard guiding all parenting orders is the best interests of the child, with an emphasis on shared responsibility where appropriate.
Source: Illinois General Assembly - IMDMA and Allocation of Parental Responsibilities. See Illinois General Assembly - 750 ILCS 5/603.
Illinois Courts emphasize that a Parenting Plan sets the framework for decision making and parenting time in divorce and custody actions.
Source: Illinois Courts - Family Law resources and guidance. See Illinois Courts.
A parenting plan outlines decision making rights and parenting time for a child after separation. It helps prevent future disputes by providing a structured schedule and rules for major decisions. Courts use the plan to guide custody orders and ensure consistent routines for the child.
Begin by filing a petition for allocation of parental responsibilities in the Cook County Circuit Court. A Parenting Plan is typically submitted with the petition or proposed during mediation, and the court may require a plan as part of a final order.
Decision making refers to who makes major choices about education, health care, and religion. Parenting time covers when the child spends time with each parent. Both components are addressed in the parenting plan and allocations order.
Yes. A parenting plan can be modified if there is a substantial change in circumstances or if the modification serves the child’s best interests. You typically need to file a motion with the court and may be ordered to attempt mediation first.
While not mandatory, having a lawyer improves negotiation and advocacy, helps prepare a detailed plan, and ensures compliance with Illinois law. A lawyer can also represent you in court hearings and mediation.
Fees vary by experience and case complexity. Expect hourly rates from approximately $180 to $350 for family law attorneys in Chicago, with potential flat fees for specific tasks. Some lawyers offer initial consultations at a reduced rate or for free.
Initial filings plus filing fees usually take 2-6 weeks to schedule a hearing. Mediation and negotiation can span 1-3 months, and a court hearing may occur 2-6 months after filing, depending on court backlog and case complexity.
Illinois encourages mediation to resolve parenting disputes before court. If mediation fails to yield a plan, you may proceed to a court hearing where a judge will decide the parenting plan based on the child’s best interests.
Relocation is addressed in the plan and requires court approval if it would significantly affect the child’s best interests or parenting time. A relocation request may necessitate modification or a new parenting time schedule.
The court considers the child’s safety, stability, health, education, and emotional needs, along with each parent's ability to meet those needs. The standard guides both initial orders and modifications.
Either parent can propose a plan, but Illinois courts often require a proposed plan from both sides or from the attorney representing each party. The plan is typically reviewed during negotiations or mediation before confirmation by the court.
Non compliance can lead to enforcement actions, including contempt of court. A lawyer can help you pursue enforcement, modify the order, or seek remedies for violations that impact the child’s well being.
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The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation.
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