In this article, we explain petitions for Allocation of Parenting Time and Responsibility in Illinois. We discuss:
In order to ask the Court for parental responsibilities, you must file a petition for one of the following events:
You should consult with an attorney to help you evaluate the type of petition you should submit.
A petition for allocation of parental responsibilities must include all of the following information:
Each parent must also provide a financial affidavit with expanded information about where the child (or children) lived for the past five years, as well as any other past or current parental responsibility or custody cases involving the child.
A petition for allocation of parental responsibilities should be filed with the clerk of the circuit court in the county in which the child resides along with a summons that will inform the other parent that the case has been filed as well as of the date, time, and location of the initial court date. You will pay the clerk a filing fee when the petition and summons are filed. File-stamped copies must then be personally served upon the other parent. This is usually accomplished by delivering copies of the petition and summons to the county sheriff and paying a fee for service.
A parenting plan is a proposal for how parenting time and responsibility will be divided between the parents. The sooner you can craft a parenting plan, the better. Parenting plans must be turned in no later than 120 days after the petition was first filed. If you and the other parent can come to an agreement via mediation or between themselves, the judge will likely approve it. Precedence is always given to parents that can make a plan together, as the state of Illinois recognizes that a relationship with both parents is in the best interests of the child.
For more on this, check out our article: Parenting Plans and Joint Parenting Agreements in Illinois.
Before you can set a trial date, each parent must attend a mandatory parenting class. Check with your county clerk about times and dates for the class, or to see if you are eligible to take the course online. Both the physical class and the online course are approximately 4 hours long. Upon completion of the class, remember to print the certificate to submit to your lawyer as proof of completion.
For more, check out: Court Ordered Parenting Classes Explained.
After all the paperwork has been turned in and the lawyers have a sufficient amount of information to present to the judge, it is finally time to set a trial day and go to court. Here is a list of some of the things the judge will take into consideration when the time has come to issue a final order:
The court will also consider which parent has been making decisions for the child in the past, as well as the ability of parents to cooperate in making decisions. The court also looks at how much time each parent spent taking care of the child. Each parent will get a chance to present evidence which demonstrates how much money and time they’ve spent taking care of the child. Once all of the evidence has been submitted to the court, the judge will make a final decision, and the hearing will conclude. For more detailed information about parenting time and decision-making privileges, see our article entitled Allocation of Parenting time & Responsibility Explained | Illinois Child Custody. You can also read our article about Illinois Parenting Laws and Child Custody laws for 2019 by clicking here.