Divorce and Parenting Plans

March 22, 2017

Navigating the divorce process

Navigating through a divorce proceeding can be an emotionally draining and complex experience so it helps to be prepared.  Furthermore, in Illinois, there are different guidelines that must be followed during a divorce proceeding involving parenting plans to ensure it runs as smoothly and timely as possible. Likewise, all parents have 120 days to file a proposed parenting plan after service or filing of any petition for allocation of parental responsibilities, either jointly or separately, unless good cause. Therefore, it is a good idea to get professional help from a licensed Illinois divorce attorney who can help.  Listed are some main issues that can prolong the divorce proceeding due to parenting plan issues.
When there is an absence of the filing of one or more parenting plans within 120 days, the court must conduct an evidentiary hearing to allocate the responsibilities to the parents.

The court will order mediation to help the parents in formulating or modifying a parenting plan unless the court determines that impediments of the mediation exists. The cost for the mediation will be allocated between both parties pursuant to the applicable statue of Supreme Court Rule.
When parents cannot agree on the parenting plan:
When the parents fail to submit an agreed parenting plan, each must file and submit a written and signed plan to the court within 120 days after filing of an appearance except for good cause shown.  It is important to note that the court’s determination of parenting time should be in the child’s best interest. 
Parenting agreement:
The parenting plan must be made in writing and signed by both parents and submitted to the court for approval within 120 days after service of a petition or the filing of an appearance except for good cause.  If the court does not approve of the parenting plan, it will express finding of why the refusal is made to approve the plan.  The court then will conduct an evidentiary hearing to determine whether or not the parenting plan is in the child’s best interests. 
Deborah Besserman is a dedicated Edwardsville, Illinois attorney who is skilled at helping families navigate through the emotionally charged transition of divorce and parenting plans.  In addition, Deborah can help create a skillful strategy to help manage all details of a divorce proceeding with ease.  Please contact Besserman Law Office, LLC today regarding your potential case. 

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