What Are the Requirements for a Parenting Plan in an Illinois Divorce?
If you're divorcing in Illinois and you have children, you'll need a parenting plan. According to the U.S. Census Bureau, about one in four American children under age 21 lives with only one parent. For all of those families, a well-written parenting plan can make a significant difference in how smoothly custody transitions go.
A parenting plan gives both parents clear rules to follow after the divorce is final. It also helps protect your children from ongoing conflict. Illinois law generally requires parents in divorce cases involving minor children to file a parenting plan before the divorce can be finalized. If you need help putting one together, a Lombard, IL family law attorney at our firm can walk you through the process.
What Is the Purpose of a Parenting Plan in Illinois?
A parenting plan lays out how you and the other parent will raise your children after the divorce. It covers your parenting schedule, holidays, vacations, and some of the rules both parents will follow at home. The goal is to keep both parents involved in their children's lives while giving the children a stable routine.
If you and your spouse agree on the terms, you can file a joint plan. If you don't agree, each of you files your own proposed plan. The judge then decides what goes into the final version. In some cases, the judge will order mediation first. If mediation doesn't work, the case goes to trial, and the judge makes the final call.
What Does an Illinois Parenting Plan Need to Include?
Under 750 ILCS 5/602.10, each parent must file a proposed parenting plan within 120 days of the case being filed. The plan must address the following:
- The allocation of parental responsibilities, meaning which parent makes decisions about education, healthcare, extracurricular activities, and religion
- A schedule for each parent's parenting time, including weekdays, overnights, weekends, holidays, and summer vacations
- The children's primary residence for school registration
- Transportation arrangements for exchanges between households
- Each parent's right to access the children's medical and school records
- Rules for how a parent can communicate with the children during the other parent's parenting time
- A process for handling future disputes or changes to the plan
- Provisions for parental relocation, including the requirement to notify the other parent before moving
- Right-of-first-refusal terms, if the parents choose to include them
- Any other terms that serve the children's best interests and help both parents work together
The court checks whether your plan serves your children's best interests. Under 750 ILCS 5/602.7, a judge considers factors such as each parent's relationship with the child, how the child has adjusted to home and school, and whether each parent supports the other's relationship with the child.
How Should a Parenting Plan Address Technology in 2026?
Many older parenting plans didn't cover technology. In 2026, that's a real problem. Disputes over screen time, social media, and co-parenting apps are now some of the most common issues that come up after a divorce.
A strong parenting plan today should name the co-parenting application that both parents will use to communicate. It should set a reasonable response time for messages. It should also address any rules about device use or social media that both households will follow. These aren't legally required items, but 750 ILCS 5/602.10 allows parents to include any terms that serve their children's best interests.
Think about practical scenarios too. What happens if your child gets their own phone? Who approves what apps they can download? If your children are old enough to have social media accounts, do both parents agree on which platforms are allowed? Getting these details in writing while you're already negotiating the plan is far easier than adding them later through a modification.
Using a Parenting Coordinator to Resolve Minor Disputes Over Arrangements for Your Children
In May 2023, the Illinois Supreme Court adopted Rule 909. This rule created permission for each Illinois judicial circuit court to create a parenting coordination program for minor disputes about cases involving children. Each county, including DuPage County, has its own system for parenting coordinators.
A parenting coordinator is a licensed professional appointed by the court to help parents resolve disagreements outside of court. Parenting coordinators:
- Help mediate between parents
- Monitor parental behavior and compliance with court orders
- Make recommendations about visitation pickups and dropoffs
- Make recommendations about other activities relevant to the children, including health and personal care issues, extracurricular activities, etc.
The costs of working with a coordinator are usually split between both parents.
It's also worth knowing that if a parent challenges a coordinator's recommendation in court and the judge largely agrees with the coordinator, that parent may be ordered to pay the other parent's attorney's fees. The clearest way to avoid the whole process is to have a parenting plan detailed enough that most disputes never need to reach a coordinator in the first place.
Can a Parenting Plan Be Modified After an Illinois Divorce?
Your parenting plan isn't set in stone. If something significant changes after your divorce, either parent can ask the court to update the plan. Common reasons include a new work schedule, a child's changing needs, a safety concern, or one parent wanting to move.
To request a modification, you file a petition with the same court that approved your original plan. The judge won't grant a change just because one parent prefers different terms. You have to show that circumstances have changed in a real and meaningful way since the plan was put in place, and that the change you're asking for serves your child's best interests.
That said, Illinois law does limit some changes. Under 750 ILCS 5/610.5, parents generally cannot ask to change decision-making responsibilities within two years unless the child may be seriously harmed. Parenting time is different. It can be changed at any time if changed circumstances make it necessary and serve the child's best interests. If you think your plan needs to be updated, talk to an attorney before you file anything.
Contact a Naperville, IL Family Law Attorney Today for a Free Consultation
If you have questions about your Illinois parenting plan, the attorneys at Mevorah & Giglio Law Offices are here to help. Our firm has more than 175 years of combined experience in Illinois family law. We keep our clients updated throughout the process so you always know where things stand. Call 630-932-9100 today for a free consultation with a Lombard, IL family law lawyer.
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