Divorce for couples with children is often a stressful and challenging process, filled with tense moments for both parents and their children. However, recent changes to Illinois Family Law, particularly the introduction of parental responsibilities allocation judgments, have made it possible for many Illinois parents to navigate divorce more smoothly. These judgments, which replace the outdated concept of ‘custody,’ focus on creating a cooperative framework for decision-making and living arrangements that serves the best interests of the child.”
Changes in Terminology: From Custody to Allocation of Parental Responsibilities
The Illinois Marriage and Dissolution of Marriage Act (IMDMA) previously referred to ‘custody,’ but it now recognizes this concept as ‘allocation of parental responsibilities. The parties largely determine the judicial allocation of parenting responsibilities through a parenting plan they submit to the judge, known as a parental responsibilities allocation judgment. This revision to the law aims to soften the conditions surrounding the division of parental rights. It addresses both decision-making authority between parents and living arrangements for the child.
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What Are Parental Responsibilities Allocation Judgments
According to Illinois Law, 735 ILCS 5/602.10, an allocation agreement or parenting plan is a “written agreement that allocates significant decision-making responsibilities, parenting time, or both.” Unless the parties request an extension, a proposed parenting plan must be filed by both parties within 120 days from the date that the Respondent received their court papers. Parenting plans remain valid until the child becomes an adult or until a parent requests a modification through the courts. Generally, modifications are not permitted until two years after the order takes effect.
The court considers the plan as presented but may modify it to better serve the child’s best interests. In such an instance where the court finds the agreement is not in the best interests of the child, the parties may be compelled to participate in an evidentiary hearing regarding the terms of the agreement. Generally, if both parties agree on the plan, the court will accept it unless it finds the agreement ‘unconscionable.’ This is a high legal standard, only met when evidence suggests that one or both parties engaged in wrongdoing or impropriety during the agreement’s creation. Thus, if the parents can agree on a parenting plan as indicated by their initials and signature, it is likely that a court will make it binding.
If the parties fail to submit a joint parenting plan on time, or if they don’t submit individual agreements, the court may schedule evidentiary hearings. These hearings could assess the best interests of the child and might lead to mediation and further court appearances.
The Creation of a Proper Parenting Plan
The creation of a proper parenting plan must make two essential decisions when allocating parental responsibilities between separated parties:
a) the responsibilities of each party as a parent and
b) the time each parent spends with the children. Some matters, like emergency care, are straightforward. In such cases, “either parent shall have sole responsibility for making routine decisions and emergency decisions affecting the child’s health and safety during their parenting time” (750 ILCS 5/602.5(d)).
However, many areas of parenting are complex, and thus a well-thought-out parenting plan needs to cover the most important areas of the child’s life where each particular parent or both, if agreed, will have the ability to make decisions for the child.
Requirements for a Parenting Plan
In general, a parenting plan should include as many contingencies as possible, however, there are four required “significant issues” that must be included in allocation agreements:
1) education, including the choice of schools and tutors,
2) health, including all decisions relating to the medical, dental, and psychological needs of the child,
3) religion, and
4) extracurricular activities.
Under Illinois law, parents can opt to specifically delineate each of these areas. For example, an allocation judgment could provide that a child’s father makes all decisions for a child’s educational upbringing, while the mother makes all decisions about healthcare and religion, and both parents make decisions regarding extra-curricular activities. Moreover, if one parent is a professor and the other a minister, a court might allocate the decision-making responsibility for education to the professor and for religion to the minister. Ultimately, the statute still applies the same standard under current law – that the court allocates decision-making responsibilities according to the child’s best interests.
At a minimum, a parenting plan must set forth fourteen statutory factors according to 750 ILCS 5/602.10 as well as any other provisions that address the child’s best interest or that will otherwise facilitate cooperation between the parents. Thus, when parents file for divorce or parental rights, they must determine how much parenting time they want to spend with their child and the allocation of parental responsibilities such as the decision-making power in the children’s lives.
Parenting Classes Are Required In Illinois
In Illinois, parents of minor children must attend parenting classes during court proceedings about parenting time and responsibility. A parent can request to be excused by showing good cause. However, the judge must find that excusing the parent serves the child’s best interest and provide a documented explanation. DuPage and Cook County courts state that the purpose of court-ordered parenting classes is to
1) train parents to promote healthy, business-like communication with each other and with their children;
2) teach parents how to prioritize and focus on their children’s best interests over their own disputes;
3) provide parents with skills and techniques to keep their children out of any conflicts between the parents; and
4) reduce the likelihood of the parents being involved in expensive and excessive litigation.
Allocation of Parental Responsibilities: Decision-Making
As discussed above and in Modifying the Allocation of Parental Responsibilities, many people are familiar with the terminology “custody” and “visitation” when thinking of child-related issues in dissolution and parentage matters. However, those are outdated terms. As of January 1, 2016, the Illinois Marriage and Dissolution of Marriage Act (IMDMA) began using “allocation of parental responsibilities” instead. Parental responsibilities include parenting time and significant decision-making responsibilities. It is a good idea to familiarize yourself with the definitions of “parenting time” and “significant decision-making” before filing any pleadings seeking a modification of an existing Parenting Plan or Allocation Judgment. The definitions can be found in 750 ILCS 5/600.
To modify an existing Parenting Plan or Allocation Judgment specifically regarding decision-making responsibilities, you must first refer to 750 ILCS 5/610.5.
Generally, a Motion to Modify Decision-Making Responsibilities may not be filed earlier than two (2) years after the Parenting Plan or Allocation Judgment was entered. However, if a party believes that the child’s present environment may seriously endanger the child’s mental, moral, or physical health or significantly impair the child’s emotional development, then a party may file a Motion to Modify. The motion must be supported by an affidavit.
Modifying Decision-Making Responsibilities
If a Motion to Modify Decision-Making Responsibilities is filed after two years, the court will only modify the Parenting Plan or Allocation Judgment if it benefits the child. The court must find, by a preponderance of the evidence, that a substantial change has occurred in the circumstances of the child or either parent. This means you must present strong evidence showing the change in circumstances justifies modifying the current Parenting Plan or Allocation Judgment to better serve the child’s best interests. Remember that the substantial change in circumstances must have occurred after the entry of the existing Parenting Plan or Allocation Judgment. Also, the substantial change in circumstances must not have been anticipated before the entry of the existing Parenting Plan or Allocation Judgment.
Pursuant to Section 610.5(e), there are a few exceptions to the requirement of showing changed circumstances. Just as discussed in Part One, the parents may agree to modify the existing Parenting Plan or Allocation Judgment. As long as the proposed modification is in the child’s best interests, it is likely that the Court would grant the modification request.
Another exception occurs when the modification request matches the care arrangement the child has received for the past six months, without any parental objection.
If are interested in seeking a modification to your existing Parenting Plan or Allocation Judgment in Illinois, it is recommended that you speak to a qualified Chicago child custody lawyer.
Visit our Chicago Child Custody Lawyers services page to learn more
Failure to Comply With the Parenting Agreement
Violating parenting agreements and court orders can result in serious consequences, especially if the court believes the children’s best interests are at risk. Ignoring the rules of a parenting plan may lead to fines or civil contempt charges. Some parents try to monopolize parenting time by “over-scheduling” activities, even while staying within the plan’s provisions. For example, a parent might use vacation days around a holiday weekend to extend their time with the children. To avoid issues, it’s best to create a fair plan early and maintain open, honest communication between both parties.
What if the Parents Cannot Agree on a Parental Plan?
Many intact families can cooperate and agree on parental responsibilities and parenting time. However, sometimes divorcing parents may have conflicting values regarding child-rearing. In those cases, the judge imposes a plan, based on a determination of the best interests of the child. In determining what is in a child’s best interest, a judge must consider a variety of factors, including (but not limited to):
- the wishes of both parents regarding “custody”;
- the relationship between the child and the parents, siblings, and other significant people in the child’s life;
the child’s connection to home, school, and community; - the mental and physical health of all the parties involved;
- and any evidence of violence or abuse on the part of either parent.
The court also considers the child’s wishes and gives them significant weight if the child is old and mature enough.
When parents can’t agree, the court may appoint an evaluator, a Guardian ad Litem (GAL), or both. A GAL, usually an attorney with family law experience and special training, interviews the parents and children to make recommendations based on the children’s needs.
At attorneys at Anderson Boback & Marshall, our attorneys bring a wide range of experience in negotiating parental responsibility arrangements. We help clients design plans that fit their family’s needs and litigate aggressively when an agreement cannot be reached.
Contact Anderson Boback & Marshall if you have questions about parental responsibilities allocation judgments or other divorce or family law concerns.
