Creating a Parenting Plan in an Illinois Divorce

 Posted on July 30, 2026 in Child Custody

Divorcing with children can be difficult. Their living arrangements will change drastically, and this change can be hard on them. Children thrive on predictability and routine, which is why it is important that you establish a parenting plan prior to finalizing your divorce. Even if things are friendly now, and you and your spouse agree on the parenting situation, having a plan in writing is required by law and it can save you unwanted costs and headaches later.

At A. Traub & Associates, our Arlington Heights, IL family law attorneys can help draft and review your parenting plan. Drawing on over 100 years of shared attorney experience, we provide personable, hands-on assistance with a variety of different custody issues.

How Are Parental Responsibilities and Parenting Time Shared in a 2026 Parenting Plan?

One of the first things you need to determine in your parenting plan is how parental responsibilities and parenting time will be divided between you and your ex-spouse. For example, sometimes the child will live solely or primarily with one parent, with that parent having the authority to make decisions for the child. In most cases, the mother and father share parenting time and parental responsibilities, in what was previously called "joint custody" before the state adopted new terminology.

What Are the Elements of a Sound Parenting Plan in Illinois?

Though parenting plans can differ between families and situations, they typically include certain standard elements. A parenting plan should specify:

• Parenting time: If the child lives primarily with one parent, the other parent may be allocated a certain amount of parenting time. A parenting plan should include schedules for the time children will spend with each parent.

• Holidays, vacations, and birthdays: A plan should state where and how the child will spend these special days each year.

• Schooling: A parenting plan should specify how parents will share in making educational decisions for the child and who is responsible for paying for school supplies and other fees.

• Recreation: Parents may wish to set rules for how the child is to spend his or her free time, addressing issues such as TV or computer usage.

• Dating: If the parents come to an agreement on how new partners will be introduced into the child’s life, it should be specified in the plan.

• Medical care: A parenting plan should state how parents will share responsibility for making decisions regarding the child’s medical or mental health treatment.

• Dispute resolution: If the parents cannot come to an agreement on issues regarding the child, terms on how the disputes will be settled should be included in the plan.

A parenting plan should be tailored to your family situation. Relying on templates or DIY forms may seem like a quick solution, but without taking a closer look, it could lead to disagreements later.

Is a Parenting Plan Legally Binding?

Once a court in Illinois approves a parenting plan, it becomes a binding legal document. Illinois law sets a 120-day deadline for parents to file a proposed parenting plan. The clock starts when a petition for allocation of parental responsibilities is filed or served (750 ILCS 5/602.10). Once the court approves the plan, both parents must follow its terms.

A parent who willfully violates a court-approved parenting plan can face serious consequences. This can include being held in contempt of court, which could mean fines or jail time. If parents agree on every term, the court will generally approve their plan unless the terms are harmful to the child.

What if Parents Can’t Agree on a Parenting Plan?

Not every case ends with an agreement. When parents cannot agree on all parts of a parenting plan, each parent submits a separate proposed plan to the court. A judge then reviews both plans and decides the disputed issues based on the best interests of the child.

The court looks at several factors during this process. One key factor is how well each parent is able to cooperate with the other. The court also considers the child's relationship with each parent and the child's individual needs. Whether each parent supports the child's relationship with the other parent is another important point of discussion. 

A well-prepared, detailed proposal can carry real weight during this stage. An experienced family law attorney can help gather evidence and present a strong case to the court on your behalf.

Can You Modify a Parenting Plan After a Divorce?

Parenting plans can account for life changes, and a judge may permit a modification to a parenting plan. However, there are rules about when you can alter a plan, and for what reasons. 

Parenting time can be modified at any time if a parent shows a real change in circumstances that affects the child's well-being. Notably, parents don’t have to show that the child is in danger to modify parenting time – only that the change is in the child’s best interests. Requests to modify decision-making authority face a stricter rule. In most cases, a parent must wait two years after the original order before filing for this type of change, unless the child's safety is at serious risk.

Contact a Schaumburg, IL Divorce Attorney

Making decisions about how to handle matters in your divorce can be a complicated undertaking. It gets even more difficult when you are negotiating terms on how your child should be raised. If you are going through a divorce with children, contact our Arlington Heights, IL child custody lawyers. The attorneys at A. Traub & Associates can help you come up with a parenting plan that benefits you and your child. Call 630-426-0196 to schedule an initial consultation.