5 Parenting Agreement Facts To Know During Divorce

 Posted on April 20, 2025 in Child Custody / Allocation of Parental Responsibilities

In Illinois, parenting time is a critical aspect of parenting agreements, and you should understand the laws involved if you are planning to get divorced. An experienced Illinois divorce attorney at Calabrese Associates, P.C. is a key resource for your divorce and parenting time case. 

Parenting Time and Child Custody are Different

Parenting time is different from child custody. Illinois has replaced "child custody" with "parental responsibilities" in the Illinois Marriage and Dissolution of Marriage Act. This phrase refers to each parent's parenting time and decision-making authority after the divorce is final. 

Parenting time means the days and hours each party spends with the children. State law encourages parents to share parenting time and decision-making equally, when appropriate. However, the court will render decisions based on the child’s best interests. 

Court Prefer that Parents Devise a Plan Together 

During the divorce, parents should work together to create a parenting plan that works for both parties. The court must approve it. If the parenting agreement is not approved or the parties disagree, the court will decide the parenting schedule. Most parents prefer creating their own plan for parenting time, so your attorney will usually encourage the sides to resolve the matter without the court’s intervention. 

Parenting Time Varies 

Every Illinois divorce case is different. The parenting time you receive will vary according to your specific situation. One parent may have most of the central decision-making authority over the children, but the other could still have plenty of parenting time. If the parents disagree and the court must create the parenting agreement, a judge will consider many factors, including: 

• The children’s ages

• Their emotional and physical needs

• Parents’ work schedules

• Where the parents live

• Parents’ ability to offer a safe, stable home

• Any history of domestic violence

Courts always base parenting time decisions on the children’s best interests, considering the factors above. The court may also consider each child’s preference if the children are old enough. 

Parenting Agreements Can Change

The parenting time agreement will be finalized in the divorce, but this does not mean it cannot be changed. Illinois law says that a significant change in the parents’ circumstances, such as remarriage, job loss, or relocation, can lead to a parenting time modification. An Illinois divorce attorney can assist you with petitioning the courts to modify the agreement. 

Parenting Agreements Should be Comprehensive

The parenting agreement should cover weekdays, weekends, holidays, school vacations, etc. Some parents alternate holidays yearly, such as Thanksgiving with one parent and Christmas with the other. 

The more comprehensive the parenting agreement is, the less likely there will be heated disagreements with your ex-spouse later. Strongly consider retaining an Illinois divorce lawyer to help you create your agreement. 

Speak With a Naperville, IL Divorce Attorney Now 

If you are considering divorce and concerned about the parenting time agreement, you need a skilled DuPage County, IL divorce lawyer at Calabrese Associates, P.C. to help you understand your legal options. Call 630-393-3111 today to schedule a legal consultation.