When facing a divorce or separation, highly-contentious issues regarding children can arise. If you are contemplating divorce or have been served with divorce papers, it is critical to understand your rights and the common elements that should be explicitly addressed, including:
- Decision-making authority. A parent’s child-rearing responsibilities do not terminate upon divorce; thus, it will be necessary to continue making critical decisions regarding a child’s welfare, including those involving education, religion, healthcare, extra-curricular activities, tattoos and piercings, and other relevant matters. Illinois law encourages individuals to co-parent and share in decision-making responsibilities. However, in highly-contentious separations, co-parenting may not be possible, and a court may allocate decision-making responsibilities to one parent where appropriate.
- Parenting time and visitation. Non-custodial parents are generally entitled to visitation with a child; thus, it is critical to address such issues in a parenting plan to ensure these rights are upheld.
- Parenting plans. When parties divorce, they must submit a parenting plan to the court addressing key issues, such as decision-making, custody, visitation, and support. If two parents cannot agree on a single plan, the parties may file separate parenting plans; however, Illinois courts will determine the provisions that will apply based on a child’s best interests.