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Free Guide to Hiring a Family Lawyer
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In Wheaton, parenting arrangements are handled through the DuPage County Circuit Court, part of Illinois’ 18th Judicial Circuit. The court allocates parental responsibilities, including significant decision-making, and sets a parenting-time schedule based on the child’s best interests.
Parents may submit an agreed plan or file separate proposals if they disagree. Illinois generally requires each parent to file a proposed parenting plan within 120 days after service of the relevant petition, unless the court extends the deadline. Contested issues may be referred to mediation.
Parenting plans arise in divorce cases and cases involving unmarried parents. For unmarried parents, legal parentage may need to be established as part of the case. A lawyer can help prepare a plan that addresses school schedules, exchanges, holidays, communication, and how future disagreements will be handled.
You and the other parent disagree about decision-making or a weekday and weekend schedule, and need to prepare proposals for the DuPage County court.
You live in Wheaton while the other parent lives elsewhere in DuPage County, and school, childcare, or travel between homes complicates exchanges.
You are an unmarried parent and need to establish parentage and request parenting time or decision-making responsibilities.
A parent plans to move with the child, potentially triggering Illinois’ relocation rules and a need to revise the schedule.
There are concerns about a child’s safety, substance use, family violence, or a parent’s ability to follow the proposed schedule.
An existing order is not being followed, or a major change in circumstances may justify asking the court to modify it.
Illinois Marriage and Dissolution of Marriage Act, 750 ILCS 5/602.5, 602.7, and 602.10: These provisions address significant decision-making, parenting time, and parenting plans. The current allocation framework took effect on January 1, 2016.
Illinois Parentage Act of 2015, 750 ILCS 46: This law governs establishing parentage, which can be necessary before an unmarried parent seeks court orders on parenting responsibilities. It took effect on January 1, 2016.
Illinois Marriage and Dissolution of Marriage Act, 750 ILCS 5/609.2: This provision sets rules for a parent’s relocation with a child, including notice and court approval requirements in specified circumstances. It took effect on January 1, 2016.
You may represent yourself, but a lawyer can help when parents disagree, safety concerns exist, or a case involves parentage or relocation. A lawyer can also check that proposed terms are complete and consistent with Illinois law and court procedures.
It sets out how parents share significant decision-making and parenting time. It can also address exchanges, holidays, school breaks, communication, and procedures for resolving future disputes.
Parents in a divorce or parentage case can ask the court to allocate parental responsibilities and parenting time. In an unmarried-parent case, parentage may need to be legally established before the court enters orders.
Illinois law generally gives each parent 120 days after service of the relevant petition to file a proposed parenting plan. The court may extend that deadline, so check the case schedule and any orders in your matter.
You can submit a joint parenting plan for the court’s review. The judge must still determine whether the proposed arrangements meet the child’s best interests before entering an order.
You may each submit a proposed plan, and the court can address the disputed issues. Mediation may be required or ordered, subject to applicable exceptions and court procedures.
The court considers the child’s best interests and relevant statutory factors, including the child’s needs and each parent’s ability to cooperate. There is no automatic preference for either parent based on gender.
Fees depend on the lawyer, the complexity of the case, and whether parents reach agreement or need court hearings. Ask for the fee structure, expected additional costs, and how mediation or contested hearings may affect the total.
Timing varies with court availability, the issues in dispute, and whether mediation or hearings are needed. An agreed plan may move more quickly, but court review and entry of an order are still required.
Illinois law defines certain moves as a relocation and may require notice and court approval. Whether a proposed move qualifies depends on the child’s residence and the distance and location of the move; get legal advice before changing the child’s residence.
A parent can ask the court to modify an order, but Illinois law sets standards and limits for changes. The applicable rules depend on what is being changed and when the current order was entered.
DuPage County Circuit Court, 18th Judicial Circuit: The local court handles divorce, parentage, and parenting-responsibility cases in Wheaton and provides court information and filing guidance.
Illinois General Assembly: Its official Illinois Compiled Statutes provide the text of the state laws governing parenting plans, parentage, and relocation.
Illinois Courts: The state court system provides statewide court information, forms, and resources for people involved in Illinois court cases.
Gather key documents. Collect existing court orders, case papers, school and childcare schedules, and any written parenting proposals before contacting lawyers.
Identify your main issues. Write down the decisions, schedule, exchanges, safety concerns, or relocation questions that need resolution. This helps focus an initial consultation.
Search for lawyers serving DuPage County. Look for family-law practices that handle parenting-responsibility cases in the 18th Judicial Circuit. Confirm they regularly work on contested parenting plans if your case is disputed.
Arrange consultations promptly. Contact more than one lawyer within a few days if possible, especially if a court deadline or hearing is approaching.
Ask about approach and fees. Discuss likely steps, mediation, hearing preparation, billing arrangements, and what work is included in the engagement.
Review the engagement terms before signing. Confirm the scope of representation, payment terms, and who will handle communications and filings.
Organize your case with counsel. Once retained, provide requested records promptly and track court dates, filing deadlines, and mediation sessions.
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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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