When going through a divorce with children in Illinois, you will file a petition for allocation of parental responsibilities. So, is this a new process for divorcing parents?
No, this is what was formerly referred to as custody. This guide discusses it in depth:
What does it involve?
The allocation of parental responsibilities involves parents going through different steps to obtain physical and legal custodial rights. The first step is filing a parenting plan with the court.
Parents should file a joint or separate parenting plan within 120 days of filing a petition for the allocation of parental responsibilities. The court may extend this period if good cause is shown.
If parents don’t file any parenting plan or cannot agree on one, the court will proceed to a hearing, considering evidence from both parties. The court may also order mediation to see if that can help parents come to some agreements. Ideally, parents will eventually come together to craft an agreement that is most suitable to their family’s needs. If the parents fail to reach any agreement, the court will step in and make the decisions.
What does a parenting plan include?
A parenting plan includes all child-related issues between co-parents. These include where the child will live, how and when the child will visit each parent, how the parents will make decisions, each parent’s right of access to medical, dental and psychological records and so on. A reliable parenting plan can guarantee successful co-parenting.
Allocation of parental responsibilities can be a complex process. You should consider legal guidance to protect your parental rights.