Young father picking up his son in shared custody after amicable divorce from his former wife and her new husband homeIllinois parents who are considering or actively involved in divorce proceedings in 2016 should be aware of changes in both creating and maintaining a post-divorce parenting plan for their children. Here are the details.


Beginning in 2016, all Illinois divorcing parties with children must submit a proposed parenting plan within 120 days from filing for divorce or serving the other parent a notice of divorce.

If the divorcing parties cannot agree on a parenting plan, a hearing will be scheduled to determine a temporary parenting plan and allocation of parenting responsibilities. This temporary plan will then be considered by the Court as the divorce process continues.


If you are thinking of filing a petition for visitation (now called Parenting Time) as part of your divorce, start preparing for this filing as soon as possible. The 120 day filing deadline is really not a lot of time to create a temporary parenting plan that can affect your children’s future by determining how much time they’ll have with each parent.


Consider using mediation before you file your initial parenting plan petition. The mediator can help you narrow or resolve particular parenting issues so you submit a workable plan to the Court and avoid Court involvement in the outcomes as described above. Mediation can also help avoid making post-divorce modifications to any plan created.

A Mediation Consulting Attorney can offer invaluable guidance both before and during your divorce mediation sessions and can seamlessly transition the mediation matter to the Court where the agreed-upon plan or remaining issues can be presented to the Judge.

As a trained DuPage County divorce attorney and mediator, I can help create a parenting plan that works for everyone involved. Contact me for more information.


Erin BirtIllinois attorney Erin Birt is a skilled legal professional with over ten years of experience in trial and divorce law serving clients in many DuPage County cities including Wheaton, Glen Ellyn, Naperville, Warrenville and Winfield.

She opened the Law Firm of Erin Birt, P.C. in 2010 to offer her clients alternative divorce resolution services, specialized collaborative divorce options and family law expertise. She and her expert team continually develop creative outcomes such as divorce mediation and family law mediation that work for all parties involved, particularly children.

Ms. Birt holds a J.D. from DePaul College of Law and is a member of the Collaborative Practice Professionals of Illinois, the Collaborative Law Institute of Illinois, the International Academy of Collaborative Professionals and the DuPage County Bar Association. She is a past board member and presenter for the Mediation Council of Illinois.