If you share a child with someone you are planning to divorce, you may have questions about filing for custody – what is now called parental responsibilities in Illinois. It’s a broad term that can confuse people unfamiliar with the divorce process, but it generally refers to two basic areas: time spent on parenting duties and decisions you will make as a parent. These might include:
- Decisions about healthcare;
- Decisions about extracurricular activities;
- Decisions related to schools and education; and
- Decisions about the religion in which your child is raised.
Since child custody and parental visitation laws have changed in Illinois, you will want to be as up to date on the process as possible before filing.
When Should You File Your Parenting Plan in Illinois?
When getting started, it’s important to consider the broader content in which your petition for parental responsibilities is to be filed. Not only might it be submitted as part of a divorce request, but it will put in motion a process that is going to have other ramifications later on. Some people submit their petition independently, while in other cases it can be part of a separation petition, parentage case, or some other request.
According to Illinois Law, it must eventually be followed by a proposed parenting plan. An experienced family law attorney in your area will be essential in ensuring that you take the proper steps during and after your filing. If you and your spouse can’t come to an agreement, a judge may get involved and mandate mediation.
Steps for Filing a Petition for Parental Responsibilities in the State of Illinois
Generally, your petition for parental responsibilities will be filed by your lawyer in the Illinois circuit courts following your divorce. You can acquire the petition through your lawyer, obtain it from a courthouse, or download it online. The steps a couple may take when filing can depend on a number of factors. Common ones include:
1. Discussing the details with your lawyer.
A conversation with a legal expert is always wise before taking any action in a divorce. This is a good time to ask about paperwork, deadlines, enforcement, and any rights you are concerned about for you and any children.
2. Reviewing your petition.
Double-check any paperwork you are personally submitting to a court to be sure the information and terms included are accurate.
3. Filing paperwork with the courts.
Documentation related to parental responsibilities must be filed correctly according to the law. Forms submitted with it may include your proposed parenting plan, as well as a petition to modify parental responsibilities later on if your circumstances change.
4. Submitting your parenting plan.
After filing, you have 120 days to submit your proposed parenting plan, either jointly or individually. In some cases a court may agree to extend the deadline.
5. Submitting a court order.
Sometimes a court order becomes necessary to enforce a parent’s legal obligations. This doesn’t typically happen if both parties agree on the terms of the plan and have good communication with one another.
After filing the petition, an individual will sometimes serve their ex with a copy of the petition and supporting documents. This might happen when one parent is requesting changes to their original agreement, as well.
When a Judge May Get Involved in a Petition for Parental Responsibilities
When you discuss the circumstances of your situation, your lawyer can let you know what to expect at each phase. There are several reasons a judge may get involved in the custody process, but working with a lawyer can help mitigate any potential conflicts. A court may intervene:
- If the parents aren’t married;
- To determine who has majority parenting time;
- If paternity needs to be established;
- If a parent is requesting child support; or
- If there are disputes over parenting time.
In addition, if you are requesting modifications to an existing plan, you might need to attend a hearing with your co-parent and provide evidence showing that the changes are in the best interest of the child.
Consult with David A. King, P.C. for Help Filing Parental Responsibilities in Your Divorce
Of course, determining the details in a parenting plan and other aspects of a divorce is the hard part. That’s why, throughout this process, having legal representation will help you manage the complexities that arise when determining your role as a co-parent. Our team at the Law Office of David A. King, P.C., has filed many petitions under a broad variety of family circumstances. We are highly familiar with the different measures that must be taken so that your rights and the best interests of your children are being represented properly.
Contact the Law Office of David A. King, P.C. to schedule a consultation to discuss any questions or concerns you may have regarding your parental agreement.
