Parenting Agreement Basics to Know During a Divorce in Wheaton, IL

 Posted on December 06, 2022 in Parenting Time

Making sure you and your ex-partner create a parenting plan that safeguards your child's best interests is crucial if you are going through a divorce process or terminating a long-term relationship. The choices you make throughout this challenging time will have an ongoing effect on your children.

Parenting agreements are, in most cases, better for all parties involved when the agreements are developed outside of court. However, not all divorces are straightforward, and sometimes the parties cannot agree on who will raise the children after the divorce. If this is the case, they frequently find it difficult to reach a custody arrangement either independently or via mediation. The decision about the custody arrangement may thereafter be made by the family court system as part of the couple's divorce.

What is a Parenting Agreement?

A parenting agreement is a written document that specifies how choices about a child will be made, as well as how parents will share their parenting time in a schedule. All parents of children under age 18 who are divorced, separated, or even who were never married must create a court-enforceable parenting agreement. 

Here are a few things a parenting agreement must include:

• Where the child will live

• How much time the child spends with each parent

• How each parent obtains records and information on their child

• How the child will be transported for parenting time changes

When writing your parenting plan, it is a good idea to refer to a sample plan because of the quantity of material that must be included. Your attorney can also help you make sure you have everything you need. 

Filing a Parenting Agreement

Within 120 days of requesting parental responsibilities and parenting time from the court, each parent must submit a parenting plan. When both parents are entirely in agreement about decision-making roles and parenting time, the parents have 120 days to file one plan. When submitting a single plan, each parent must sign it to certify that they concur with all its conditions.

Parents who disagree must submit separate plans. To decide whether a plan is in the children's best interest, the court will examine every aspect of both proposals. The court will convene a hearing to assess parental obligations based on the child's best interests if neither parent submits a parenting plan. First, however, a court may order parents to attend mediation sessions to determine whether they can create a parenting agreement without court assistance.

Contact a Wheaton, IL Parenting Agreement Lawyer

If you are going through a divorce with children involved, you should contact a Wheaton divorce attorney who will help you make sure your rights as a parent are protected and the best interest of your children remains a priority throughout the process. Call Andrew Cores Family Law Group at 630-871-1002 to schedule your free consultation to learn how we can help.

Source: https://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2086&ChapterID=59&SeqStart=8300000&SeqEnd=10000000