Divorce with Minor Children

Parenting Time in an Illinois Divorce with Children

When parents of minor children file for divorce, one of the most important decisions are those regarding parenting time and decision making. Divorces with minor children can be much longer, and more stressful. All issues pertaining to the children are laid out in what the Illinois Courts call an Allocation Judgment or parenting plan.

Allocation Judgment

Illinois statute now provides for an Allocation Judgment that determines parenting time instead of the former terms of “custody” and “visitation.” An Allocation Judgment determines all issues pertaining to children such as parenting time schedule, holiday schedule, parental decision-making responsibilities such as medical, education, religion, and extracurricular activities for the children.

Parenting Plan

Courts require a clear, well laid out plan that provides stability for children. Each party shall file their proposed parenting plan within 120 days of filing or receiving notice of filing for dissolution of marriage or a parentage case. A parenting plan must be in writing and signed by both parties. Generally, a parenting plan will not be amended prior to two (2) years after the initial parenting plan is filed unless a substantial change in circumstance can be proved, or upon agreement of the parties.

Best Interest of Children During a Divorce

The court’s main concern is the best interest of the children. It is always best for parents to come to an agreement on these matters. If not, the next step would be for the parents to attend mediation to try and resolve their differences. If mediation does not work, then the Court will be forced to make these decisions for the parents. It is important as divorcing parents to put any animosity towards the other parent aside to determine what is in the best interest of their children.

Parenting time

There is no one size fits all when it comes to determining parenting time. The court will presume both parents are fit to exercise parenting time unless evidence is shown otherwise that parenting time would endanger the child’s physical, mental, or emotional wellbeing. Absent an agreement by the parents, the courts will make this determination.

The court will consider numerous factors in deciding parenting time such as: each parent’s wishes; the child’s wishes depending on the child’s age and ability to express his or her desires; the amount of time each parent spent performing caretaking functions with the child prior to filing; and the distance between each parent’s home. 750 ILCS 5/602.7 provides a full description of numerous factors the court will assess in making this determination.

Decision-making

The Allocation Judgment determines which parent has decision making responsibilities in regards to:

1. Medical;
2. Education;
3. Religion; and
4. Extracurricular activities.

All of these categories can be made jointly by both parents; one parent only; or a combination. For example, father makes the decisions about medical treatment, and mother makes decisions regarding education. These four factors must be included in an Allocation Judgment.

Contact Us Today

If you are contemplating filing for divorce and have minor children, it is important to start thinking about these decisions right away. Contact a divorce attorney at Villadonga & Villadonga Attorney’s at Law today at 847-298-5740 to discuss a divorce with minor children.

*The contents contained herein are a synopsis of the law and is by no means a full rendition of the law. Use of this website does not create an attorney-client relationship with the user and Villadonga & Villadonga Attorneys at Law. While this page contains information about legal issues, it is not intended as legal advice or substitute for personalized advice from an attorney.