Family & Safety

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The Big Picture

Parental responsibilities mean making important decisions for a child and spending time with them. This used to be called "custody." That term is no longer used in Illinois.

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A parenting plan is a document that says who will make decisions for a child and how those decisions will be made. This often happens in a parental responsibilities case. This used to be called a "custody" case, but this term is no longer used in Illinois.

These are some things the parenting plan must include:

• Where the child lives
• Time the child spends with each parent
• How each parent gets information and records about the child
• How the child is to be transported for parenting time

Because of the amount of information that must be put in a parenting plan, it is a good idea to look at a sample plan when you create your own.

Each parent must file a parenting plan in a parental responsibilities case. If you have not filed an appearance with the court, you are not required to file a parenting plan, unless the court specifically orders you to file a plan. However, the court looks at your filed parenting plan when deciding who will get parental responsibilities. So it is helpful to file one, even if you aren't required.

Here are some important things to know about parenting plans:

• Each parent must file a parenting plan within 120 days of asking the court for parental responsibilities,
• If the parents agree on parental responsibilities, including parenting time, they can file one parenting plan (signed by both parents) within the 120 days. If the parents don't agree, they must each file their own parenting plans,
• If neither parent files a parenting plan, the court will hold a hearing to determine the child's best interests, and
• The court will look at the parenting plans when it decides who gets parental responsibilities.

Also note that stepparents have the same rights to visitation and parental responsibilities regardless of whether they were in a civil union or marriage.

Right of first refusal

Judges may order a "right of first refusal" (ROFR) for parents who share joint custody of their children. A parent must offer the other parent the chance to take care of their children if they cannot do so during their scheduled time.

The parents can agree to a ROFR together. If they do not have an agreement in place, the judge can decide:

• The amount of time the parent will be away before ROFR applies,
• The types of situations where ROFR applies,
• How the other parent will be notified,
• How transportation will be handled, and
• Any other issues to best protect the children.