Chicago Parenting Agreement Lawyer

Creating a parenting agreement during divorce or separation can feel overwhelming. Families have unique schedules, needs, and challenges, and Illinois law requires parents to submit a detailed Parenting Plan before a divorce involving children can be finalized.

As an experienced parenting agreement attorney who has helped countless parents in the Chicagoland area, Denise Erlich provides guidance that helps you create a stable, child-focused plan. When parents reach an agreement on parental responsibilities and parenting time, they move closer to completing an uncontested divorce and avoiding unnecessary conflict.

If you are preparing for divorce or need help drafting or reviewing your parenting plan, call to speak with Illinois family law attorney Denise Erlich.

Call Now: (630) 432-2884

Table of Contents

What Is the Allocation of Parental Responsibilities and Parenting Time in Illinois?

When you file an uncontested divorce in Illinois and you have children, state law requires you to submit a Parenting Agreement to the Court. Commonly referred to as the “Allocation of Parental Responsibilities and Parenting Plan” or “Allocation Judgment,” these terms replaced “custody” and “visitation” under the 2016 changes to the Illinois Marriage and Dissolution of Marriage Act. The Parenting Agreement has two essential components:

A detailed parenting time schedule, which outlines when the children are with each parent.

An assignment of decision-making responsibilities, which determines who makes significant decisions about the children’s lives.

Courts require parents to submit this agreement within 120 days of filing their divorce. A complete, well-organized plan helps avoid delays and reduces future disputes.

Creating a Parenting Time Schedule

Illinois public policy favors active involvement from both parents, although this does not require equal parenting time. Courts allow flexibility, and parents can design a schedule that fits their children’s needs and the structure of their daily lives.

When developing a parenting time schedule, parents should consider the children’s physical, emotional, and social needs, as well as:

The location of each parent’s home

Work schedules and availability

School locations and transportation needs

Distance between the parents

The children’s sports, extracurricular activities, or special programs

Religious involvement

Available bedroom space or accommodations in each home

The children’s developmental stage and unique preferences, when appropriate

A complete parenting time schedule should include:

A day-to-day residential schedule

A holiday parenting schedule

Spring, winter, and summer vacation parenting time

Transportation arrangements

Exchange locations

Communication guidelines

A realistic plan that takes the family’s daily life into account will reduce conflict and create stability for the children. Parents who work together to prepare a predictable, child-centered schedule often find that co-parenting becomes smoother and less stressful.

Allocating Decision-Making Responsibilities

While parents routinely make minor decisions during their scheduled time, Illinois requires that significant decision-making responsibilities be assigned to one or both parents. These decisions involve four major areas of a child’s life:

Education

Health

Religion

Extracurricular Activities

Parents may share responsibility for all four categories, or one parent may be designated as the primary decision-maker for some or all. The goal is to create clarity, so future disagreements are minimized. A thoughtful allocation prevents confusion and reduces the possibility of returning to court.

Parents who work cooperatively often choose joint decision-making, which requires communication and collaboration. However, if communication is strained, assigning decision-making authority to one parent can be more effective. Denise Erlich helps parents evaluate what structure will work best for their circumstances.

What Should Be Included in a Strong Parenting Agreement?

A complete Parenting Plan should address parenting time and decision-making. It should also contain practical terms that prevent misunderstandings later. Effective parenting agreements often include:

Communication Expectations

Parents can outline how they will communicate about the children. This may include preferred apps, email, text, or phone communication. Clear expectations help keep conversations productive.

Transportation and Exchange Details

Specifying who drives, where exchanges occur, and how unexpected delays are handled can prevent unnecessary conflict.

Travel and Vacation Guidelines

Many parents include notification requirements, travel restrictions, or expectations for international travel. These provisions create clarity and safety.

Parenting Rules and Household Expectations

Although rules may differ between homes, families sometimes include shared expectations regarding homework, screen time, bedtimes, discipline, or nutrition. Consistency often benefits children and reduces tension.

Medical and Emergency Procedures

A plan for emergencies, access to medical records, and expectations for communication during urgent situations helps parents respond with confidence.

Communication With the Children

Agreements often address digital communication between the child and the other parent during parenting time. This supports healthy relationships in both homes.

Future Conflict-Resolution Methods

Many parents choose mediation as a first step before returning to court. This can lower stress and reduce cost.

Including these terms ensures that the plan is workable, predictable, and adaptable to real-life situations.

Why a Custom Parenting Plan Matters in Illinois

A one-size-fits-all approach rarely meets a family’s needs. Children thrive with routines, stability, and healthy relationships with both parents.

A customized parenting plan:

Supports the children’s best interests

Lowers the likelihood of misunderstandings

Increases predictability

Reduces legal conflict

Provides a roadmap for co-parenting after divorce

Even parents who work well together benefit from formal clarity. A well-written agreement protects both parents and helps children feel secure during a period of change.

What Our Clients Say

Denise was everything that we were looking for in a lawyer. She was open and honest with us about how she believed the case would go and helped us work through an uphill custody battle. She was both professional and personable. She answered all of our questions, provided solid counsel, and was very timely with getting back to us. We have used her for several occasions and are extremely satisfied with her work and commitment to helping our family. If you are looking for representation, I would wholeheartedly recommend her and her team for your needs.

~ M.P.

FAQs About Parenting Plans in Illinois

When can I modify my parenting plan in Illinois?

Parenting time can be modified whenever a change is in the children’s best interests. However, decision-making responsibilities cannot be changed for two years unless the child’s mental, physical, moral, or emotional health or development is significantly endangered. Parents sometimes amend the plan to adjust for new work schedules, school changes, or the children’s needs as they grow.

What happens if my spouse and I cannot agree to a parenting plan?

If parents cannot agree to a plan for an uncontested divorce, the case becomes contested. Mediation is required, and if the dispute continues, the court may appoint a Guardian ad Litem to represent the children’s best interests. Litigation is often lengthy and stressful, which is why many parents prefer resolving parenting issues cooperatively.

What is the right of first refusal in Illinois?

The right of first refusal allows the other parent to care for the children when the parent scheduled for parenting time cannot be present for a significant period of time. This provision gives parents additional opportunities to spend time with their children and reduces reliance on third-party caregivers.

How specific does my parenting plan need to be in Illinois?

Your parenting plan should be as specific as possible. Courts prefer detailed plans because they reduce conflict and make enforcement clearer. A plan should address not only parenting time and decision-making, but also transportation, communication expectations, holiday schedules, travel rules, and how parents will handle future disagreements. The more detail included, the smoother co-parenting typically becomes.

Can parents create a customized parenting schedule that does not follow common templates?

Yes. Illinois allows parents to design any parenting schedule that supports the children’s best interests. While many families use common schedules, such as week-on/week-off or a 2-2-5-5 rotation, you are free to create a unique plan that fits your work schedules, travel distance, or the children’s needs. Custom plans are especially helpful for parents with nontraditional work hours or children with specialized routines.

Do Illinois courts consider a child's preference when creating parenting plans?

Courts may consider a child’s preference, but the child’s wishes are only one factor. The child’s age, maturity, and reasoning are evaluated carefully. Judges often give more weight to the preferences of older children who can articulate their needs. However, the court will not follow a preference that contradicts the child’s best interests.

How an Experienced Parenting Agreement Lawyer Helps

Drafting a parenting agreement involves understanding Illinois law, anticipating future issues, and creating a sustainable co-parenting structure. Attorney Denise Erlich provides:

Families benefit from an attorney who understands both the legal requirements and the emotional impact of parenting-related decisions. Denise Erlich brings more than two decades of focused experience to every case.