Parents filing for divorce in Illinois are required to complete additional steps throughout the divorce process. Not only do they create arrangements as a couple, such as dividing their marital assets and determining spousal maintenance, but they must also decide how they will continue to care for their children after the end of their marriage. When creating a parenting plan, divorcing parents consider all aspects of their children’s lives, such as their physical and emotional needs, academic and extracurricular schedules, and more. But what about the changes that are bound to happen in the child’s life? How can a parenting plan be prepared for the unexpected?

Parenting Plan Modifications

The Illinois court system recognizes that divorce agreements do not always last the tests of time, especially when it comes to parenting plans. Within a parenting plan, divorcing parents will designate parenting time, the allocation of parental responsibilities, and child support. Parenting time outlines where and when the child will be living with each parent while the allocation of parental responsibilities states what decision-making capabilities each parent has. All of these decisions are made in the best interests of the child and should reflect that moving forward. If you find that certain parts of your parenting plan are not working, you are able to update your plan in a process known as post-decree modifications. For those who completed their divorce outside of a courtroom, you and your co-parent will need to reconvene with the help of your attorneys to make these adjustments. For those who had a trial divorce, a judge will need to listen to your requests and make decisions on your behalf.

The following areas of your parenting plan can be modified:

In most cases, children’s parents who are not married try to live near each other to remain in their child’s life and maintain a good relationship. Some families, however, do not have both parents living in the same state. Maybe one parent had to relocate for their job or perhaps the parent moved out of state before realizing that they were having a child at all. Regardless of the reason behind the state spread, both parents continue to have rights and responsibilities over their child. Parents who are unmarried should have a parenting agreement created to ensure that these rights and responsibilities are outlined and have legal backing by a court of law. In cases like these, which state takes on the role of creating and enforcing child custody arrangements and parenting plans?

Interstate Child Custody

Making child custody agreements between states is known as interstate child custody. Unlike same-state parents, those living in two separate areas have additional hoops to jump through. The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) was created in 1997 to address this discrepancy first hand. This act is accepted nationwide and sets forth parameters regarding interstate custody. According to the UCCJEA, the primary determining factor when it comes to deciding which state has jurisdiction over the issue is where the child resides.