For years, Illinois statutes referred to decision-making for the children of separated parents as “custody” and the time spent with the children by the non-primary parent as “visitation”. As of January 1, 2016, the Illinois state legislature changed all the terminology presumably so that parents would no longer feel unequal with emotionally charged terms like “custody” and “visitation”. Today, Illinois divorce and parentage courts require any parents in a domestic relations action to propose a parenting plan within 120 days. That parenting plan is to outline the 1) parental responsibilities of each party and 2) parenting time of each party. A Chicago divorce attorney can help create a parenting plan that fits your family’s circumstances and explain your responsibilities and rights. The parenting plan must propose an allocation of parental responsibilities. Specifically, areas of the child’s life where each particular parent or both, if agreed, will make decisions for the child. The four required “significant issues” to be included are: Of course, immediate decisions will always remain the purview of the parent when who is with the child at the time. “A parent shall have sole responsibility for making routine decisions with respect to the child and for emergency decisions affecting the child’s health and safety during the parent’s parenting time.” 750 ILCS 5/602.5(d) After the parties exchange their proposed parenting plans, it is presumed and hoped that the parties will negotiate amongst themselves and come to an agreement. That agreement is called an “allocation judgment” and will then be presented to the judge for approval and then entered. Parents can enter into any agreement regarding parenting time and responsibilities. “Parents have a fundamental right to make decisions regarding the care, custody and control of their children.” In re M.M.D., 213 Ill. 2d 105, 113 (2004) “Fit parents are presumed to act in the best interests of their children[.]” In re R.L.S., 218 Ill. 2d 428, 442 (2006). “The right of fit parents to decide what is in their children’s best interests is of constitutional magnitude….Their considered opinion regarding the best interests of their children, as reflected by their agreements regarding custody, visitation, and removal, is entitled to great deference by the court.” In re Marriage of Coulter & Trinidad, 2012 IL 113474, ¶ 25. After the allocation judgment is entered, there can be no changes for the next two years unless there has been a “substantial change of circumstances.” If […]
