We all want to ensure our children are protected during a divorce, separation, or breakup. Illinois courts share this priority, working to ensure that parents receive quality time with their children because both parents, absent a valid reason like serious abuse, should be able to develop strong bonds with their children.
When it comes to allocating time with a child, it can become a difficult, emotional experience. Who gets the child when and where can be a contentious issue, and that is why parenting plans are useful. In fact, most states now require them. At Docli, Weiland & Sendlak, our family law lawyers in DuPage, Cook, and King Counties help you create a parenting schedule that reflects your needs and specific situation while proactively addressing concerns that may arise tomorrow.
What is an Illinois Parenting Plan?
A parenting plan is a formal guide instructing when each parent has custody or visitation of a child, entered into by agreement by the parents or ordered by a court if they cannot agree. It states how much time each parent gets to spend with the child and when that time will occur. In some states, it is known as a custody agreement or child allocation.
Parenting plans are a good idea for any situation where the parents are not in a relationship but both want to be involved in their child’s life. Even if two parents get along well, it is best to have a plan in place for any disagreements that may arise in the future.
Factors to Consider When Making a Plan
A well-crafted parenting plan addresses any foreseeable situation. While many plans are similar, every family is different and the plan should address unique conditions:
- The Child’s Needs and Age: Younger children or children with special needs demand more consideration. Some children do well going between two houses while others do not; this should be taken into account to avoid disrupting their routine.
- Physical Distance: A plan where parents live in the same town will look very different from one where parents live on different coasts. The amount of distance and the time it takes to exchange the child should both be considered. This includes deciding who flies with the child or if the child can fly unaccompanied.
- Primary Caretaker and Work Schedules: If one parent has been the primary caretaker, it may be difficult for the child to spend significant time away from them initially. Work schedules, frequent travel, or military stations abroad must also be addressed.
- History of Abuse: The safety of the child is paramount. If abuse or chemical substance issues (such as alcoholism or drug addiction) are suspected, visitation may need to be supervised.
- Child’s Preference: If a child is older, it is a good idea to listen to their preferences. Many jurisdictions allow children at a certain age to choose which parent they spend the most time with.
- Education and Extracurriculars: The plan should consider whether both parents are willing to ensure the child attends meetings, sports practices, and completes homework during their time.
Common Types of Parenting Schedules in Illinois
There are several common models used to split time, depending on the parents’ goals and proximity:
50/50 Parenting Schedule
This allows both parents to spend an equal amount of time with the child through several possible plans:
- Alternating Weeks: Seven days with one parent, seven days with the other.
- 3-4-4-3: Three days with Parent A, then four days with Parent B, followed by four days with Parent A, then three days with Parent B.
60/40 Parenting Schedule
Typically, the child spends the first 4 days of the week with Parent A and the last 3 days with Parent B. This is easy to remember as each parent knows they will always have the child on specific days (for example, always having the child on Tuesdays). 60/40 plans are beneficial when each parent wants to spend a significant amount of time with the child but they do not communicate well with the other parent. It is also convenient when the parents live close to one another.
70/30 Parenting Schedule
This works well when parents do not live near each other or one travels for work:
- Week/Weekend Split: The child spends Monday through Friday with Parent A and the weekend (Saturday and Sunday) with Parent B.
- Two-Week Split: The child spends two consecutive weeks (14 days) with Parent A and one week (7 days) with Parent B.
80/20 Parenting Schedule
This is useful when the child prefers one home base or one parent is the primary caretaker:
- Standard Weekend: The child lives with Parent A but spending every other weekend with Parent B.
- Rotating Weekends: The child living with Parent A, and spending every 2nd, 4th, and 5th weekend with Parent B.
90/10 Parenting Schedule
In this plan, the child does not spend overnights with one parent but visits them during the day. This is common when only one parent is the physical caretaker.
How Are Holidays and Summers in a Parenting Schedule Split?
There are numerous ways summers and holidays can be shared to ensure each parent spends adequate and quality time with their children.
Summer Parenting Plan Schedules
For parents with 50/50 or 60/40 schedules, they can keep the schedule the same with the exception of adding in dates or allocating certain weeks to each parent for vacation and other activities. For others, especially those that live far away from one another, the child will spend the school year with one parent and the summer with the other. It depends on the circumstances and the parents’ ability to agree on a schedule that works for both.
Holiday Parenting Plan Schedules
Holidays are generally treated differently than other days. Many parents choose to alternate holidays (for example, the child may spend Thanksgiving and Easter with Parent A on even-numbered years, and Christmas and July 4th with Parent B on even-numbered years. Then, on odd-numbered years, the holidays switch). Other plans include:
- Choosing Holidays: Parent A may feel that Thanksgiving is more important, while Parent B may feel that Christmas is more important. In this case, the child can spend every Thanksgiving with Parent A and every Christmas with Parent B.
- Splitting the Holiday Days: When the parents live close together, they may split all holidays in half, so the child spends the morning with one parent and the afternoon with the other.
Holiday and summer schedules can vary as much or as little as the parents would like, depending on preference and distance.
Special Circumstances and Illinois Parenting Schedules
Special circumstances often call for teamwork and creative planning. For example, when parents live far apart, a traditional 50/50 plan will not work. Instead, they may agree to:
- The child spending all long weekends from school and the majority of summer break with one parent, and the rest of their time with the other parent.
- For children not yet in school or attending online, a long visit with one parent every couple of months may work.
The age of the child and their ability to travel long distances also impacts long-distance schedules. Furthermore, parenting plans for military families require thinking outside the box to address special issues such as deployment and frequent moves.
How Do I Change a Parenting Plan in Illinois?
Parenting plans are generally court-ordered and cannot be unilaterally changed. When one or both parents request a change, the court will first consider what is in the best interest of the child. Although it varies, many courts only modify orders when there has been a significant change in circumstances, such as a change in one parent’s ability to care for the child. Other states will only consider a modification after a certain amount of time has passed, or allow children to choose who they will live with once they reach a certain age. To find out what is needed in your jurisdiction, it is best to speak to a family law attorney in Illinois.
Do We Need a Parenting Plan if We Live in Different States?
Yes, a parenting plan is necessary even when parents live in different states. One state will have jurisdiction, typically the state where a petition for custody is first filed. These plans can be construed to address unique long-distance circumstances and may restrict the ability of one parent to move the child without permission. The plan must adhere to the guidelines of the state that has jurisdiction.
Do I Need a Parenting Plan During the Divorce Process?
If you are married but in the process of getting a divorce, a temporary parenting plan is very useful. It can outline and establish expectations for you and your spouse, helping to contain bitter or contentious feelings. While the temporary plan may not be the final version, it gives you an idea of what to expect and allows time to negotiate changes for the final court order.
Legal Support for Your Family
If you seek custody of your child and need help in and outside the courtroom, our child custody lawyer in Illinois will walk you through the process. At Docli, Weiland & Sendlak, our child custody attorney will help you create and negotiate a parenting plan in the best interest of the child. If it becomes contentious and a judge must decide, we will advocate for you so that your rights are protected and the other parent’s responsibilities are upheld.
Contact Docli, Weiland & Sendlak today at 630.261.9098 or complete our online form to schedule a confidential free consultation.