Divorce is rarely easy, and when there are children, it tends to be even more difficult. Divorcing parents must – either separately or jointly – file a proposed parenting plan within 120 days after the petition for allocation of parental responsibilities is filed. Under 750 ILCS 5/602.10(f), proposed parenting plans must address 15 specific issues and can address additional issues. If either or both parents do not file a parenting plan with the court, a hearing will be held, and the court will allocate parental responsibilities.
The court may also require the parents to attend mediation. The court is only interested in whether a proposed parenting plan reflects the child’s best interests. Courts usually believe joint custody is in the child’s best interests when determining the allocation of parental responsibilities and parenting time. This means parenting time is divided, but not necessarily equally. Many parents who have joint custody have a 2-2-3 plan, which allows the child to be with the first parent for two days, the other parent for two days, then the first parent for three days.