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Illinois Custody (Parenting) Plan

An Illinois custody (parenting) plan is a document outlining parental responsibilities, parenting time, living arrangements, and other important terms of child custody during a separation or divorce. Illinois courts require parents to either submit a parenting plan jointly or separately if they cannot reach an agreement.
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How to File for Custody in Illinois

1. Agree on a Parenting Plan

parenting plan paperwork

A parenting plan must be submitted to the court within 120 days of filing for parental rights (Petition for Allocation for Parental Responsibilities). If both parents agree on the terms of the proposed parenting plan, they can jointly file it with the court. If the parents have not come to an agreement over the terms, they can each file a proposed parenting plan separately for the court to determine.

2. Calculate Child Support

child support calculator online portal

In Illinois, child support is determined by a set of statutory guidelines based on the income shares model, which uses the combined net income of both parents.[1]

Use the Illinois Child Support Estimator to calculate the estimated amount of child support that will be ordered by the court.

3. Complete Required Forms

4. Sign and File with Clerk

clerk of court portal on ipad

Submit the completed documents electronically using the Illinois courts’ online portal. The proposed parenting plan must be signed by both parents if submitting jointly. The filing fee for a parental responsibility petition ranges between $300 to $400, depending on the court jurisdiction.

5. Attend the Hearing

scheduled court date in iphone calendar

If the parents are unable to reach a settlement through mediation, the court will conduct a hearing or a trial to determine a parenting plan that is in the best interest of the child. The court may also order an evidentiary hearing if it does not approve a jointly filed parenting plan.

6. Receive Court Order

court ordered custody paperwork

If approved by the court, all the terms in the parenting plan become legally binding unless a change in circumstances makes it necessary to modify it.

Custody Laws

  • Child’s preference: The court must consider the wishes of the child while taking into account the child’s maturity and ability to express reasoned and independent preferences.[2]
  • Parent visitation rights: 750 ILCS 5/602.8
  • Uniform Child Custody Jurisdiction and Enforcement Act: 750 ILCS 36
  • Visitation by siblings, stepparents, and grandparents: 750 ILCS 5/602.9

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