Understanding Co-Parenting Laws: Your Guide to Rights and Responsibilities

When you get divorced, it doesn’t just affect your life – especially if you have children. One of the things we help our clients to navigate are the complexities behind co-parenting agreements. Our goal is to protect your rights as a parent, but also to help you prepare for the responsibilities the court will require, as its first priority is the best interests of your children.

Some couples find it relatively simple to decide upon co-parenting duties, while in other cases, it ends up being a contentious issue. In either case, it is vital to have an experienced, compassionate legal team on your side.

In order to help your children through the transitions that divorce brings and keep their world as stable as possible, there are several things you’ll need to consider when developing a co-parenting agreement.

What Factors Go Into a Co-Parenting Plan?

In the past, it wasn’t uncommon to see “to be discussed” in various sections of a parenting agreement, as spouses thought that they would figure things out as they went along. Often though, those matters weren’t discussed, and when something unexpected happened, the children’s lives were affected.

This is why Illinois courts require all possible details to be figured out and agreed upon before a divorce is finalized. If the parents are able to agree upon all the details, a plan can be submitted and finalized; if not, there are decisions the court will make.

Some of the main things that are included in a co-parenting plan include:

• Where the child will live
• The time the child will spend with each parent
• How each parent will obtain information about the child (school and medical records, schedules, etc.)
• How the child will be transported for parenting time

In addition, the plan will outline who will make decisions for the child’s education, healthcare, extra-curricular activities, and religion. 

If shared parental responsibility (decision-making ability) is awarded, the plan will also specify the methods for resolving disagreements, such as mediation.

These aren’t all the details included, of course. A co-parenting agreement in Illinois will detail out just about every area of each parent’s time and logistics when it comes to parenting. This isn’t because the state wants to control these areas of your life, but because the clarity will help you and your ex focus on what’s really important: giving stability, support, love, and guidance to your children.

Do I Need a Lawyer to Draft My Co-Parenting Plan?

Technically, this is something you can draft yourself, but there are a lot of details that go into it – and many of them are things you might not have thought about. Our family law attorneys have years of experience in dealing with these matters and will talk with you to make sure that you understand and agree to everything in your proposed parenting plan.

Our services go deeper than that, though. We will answer your questions, negotiate with your spouse’s lawyer on your behalf, and do everything possible to protect your rights. We know that you are going through a lot of transitions, but that you want to be a significant part of your children’s lives – and we consider it a privilege to help you protect that ability.

What Is the Process for Filing a Parenting Plan?

First, it’s important to understand that each parent must file a parenting plan within 120 days of asking the court for parental responsibilities. There are situations where this will not be required, but it’s still often a good idea to create one, as the court will consider it when deciding parental responsibilities. Your Diamond Legal attorney can help you to complete this document.

If both you and your spouse agree on all of the parental responsibilities, you can file one plan; otherwise, each of you will file your own plan and the court will consider both.

If neither you or your spouse files a parenting plan, the court will hold a hearing to determine the child’s best interests – and the court will decide on all of the parental responsibilities. Although completing a parenting plan isn’t always easy, it allows you to have a voice in the process.

What Other Responsibilities Are Outlined in the Co-Parenting Agreement?

Because every family and situation is different, every parenting plan and co-parenting agreement will be different. However, there are logistics that will carry over into most situations; several of them are listed below.

• Relocation – this is the process that will be followed if one parent wishes to relocate to another area. This includes the advanced notice that must be given, the agreed upon area both parents must stay within (unless approval is given by the other parent or the court), and similar logistics.
• Right of First Refusal – if, during your parenting time, you require childcare for more than 24 hours, a “right of first refusal” stipulation will require you to offer that time to the other parent before bringing in someone else to provide childcare.
• Transportation and exchange – how will you handle transporting your child when it’s time for them to visit their other parent? Will you drop them off at the other parent’s house? Will the exchange take place in a neutral location? Or will one parent drop them off at school and have the other parent pick them up? These are all details that must be decided on.
• Communication outside of normal parenting time – how will your child communicate with their other parent outside of their parenting time? This will partially depend on your child’s age, but will you agree to phone calls, video calls, emails, DMs, or other forms of communication? How will you keep this to a reasonable amount so that your child doesn’t feel cut off, but it’s also not impinging on your time with them? It’s also important to discuss how to make sure that these conversations are not unreasonably monitored or interrupted.

As you can see, there are a lot of new logistics to consider – and having an experienced attorney on your team to walk you through the process can be a huge benefit. 

Creating your parenting plan and figuring out the logistics with your spouse (or ex) is not always a simple process, but we strive to make it easier in any way we can. If things get contentious, we’ll fight to protect your rights. 

And once the process is complete and your co-parenting agreement is in place, you’ll find it a lot easier to focus on providing the best environment for your kids rather than trying to figure out all the (not so) little details.

If you have questions about child custody, co-parenting, or any other family law matter, please call our office today. A friendly member of our team will listen, take down any necessary information, and connect you quickly with an attorney who can help.

DISCLAIMER: Any information contained herein is solely for informational purposes and is only applicable in the state of Illinois.  While it is important that you educate yourself, nothing herein should be construed as legal advice or create an attorney-client relationship. For specific questions, we urge you to contact a local attorney for advice pertaining to your specific legal needs.