Illinois law requires every parent in a custody case to file a proposed parenting plan within 120 days after service or filing of any petition for allocation of parental responsibilities, under 750 ILCS 5/602.10. The plan must be in writing, signed by both parents, and address 14 statutory factors covering decision-making and parenting time. Courts approve agreed plans unless they harm the child's best interests.
A parenting plan Illinois courts will accept is the foundation of every divorce or parentage case involving minor children. Since Illinois abolished the words "custody" and "visitation" on January 1, 2016, the parenting plan now governs two separate legal concepts: significant decision-making responsibilities and parenting time. This guide explains the statutory requirements, the 14 mandatory provisions, deadlines, costs, and the best-interest factors Illinois judges apply when reviewing your custody agreement.
Key Facts: Illinois Parenting Plans
| Requirement | Illinois Standard |
|---|---|
| Filing Fee (Petition) | $210-$388 depending on county (Cook County $388; DuPage County $350) |
| Parenting Plan Deadline | 120 days after service or filing of the petition (750 ILCS 5/602.10) |
| Residency Requirement | 90 consecutive days for at least one spouse (750 ILCS 5/401) |
| Waiting Period | 6-month separation creates irrebuttable presumption of irreconcilable differences |
| Governing Standard | Best interests of the child (750 ILCS 5/602.5 and 602.7) |
| Parenting Education | Up to 4 hours required for parents of minor children (750 ILCS 5/404.1) |
As of January 2026. Verify filing fees with your local circuit clerk before filing.
What Is a Parenting Plan in Illinois?
A parenting plan in Illinois is a written, court-approved document that allocates significant decision-making responsibilities and parenting time between parents, required within 120 days of filing under 750 ILCS 5/602.10. The plan must be signed by both parents and must address 14 specific statutory factors. Illinois replaced "custody" with this framework on January 1, 2016.
The parenting plan serves as the operating manual for raising children across two households. Under Illinois law, the document separates two distinct legal concepts. First, significant decision-making responsibility covers four areas: education, health, religion, and extracurricular activities, governed by 750 ILCS 5/602.5. Second, parenting time refers to the actual schedule of when each parent cares for the child, governed by 750 ILCS 5/602.7. A parent may hold all significant decision-making authority while the other parent still receives substantial parenting time. These allocations are decided independently, though Illinois courts apply nearly identical best-interest factors to both.
When Must You File a Parenting Plan?
Illinois requires each parent to file a proposed parenting plan within 120 days after service or filing of any petition for allocation of parental responsibilities, under 750 ILCS 5/602.10. Parents may file jointly if they agree or separately if they dispute terms. The court may extend the 120-day deadline for good cause shown.
The timing rules create three possible paths. When parents reach agreement, they submit a single joint parenting plan for court approval. When parents disagree, each parent files a separate proposed plan, and the judge resolves the dispute at an evidentiary hearing. If neither parent files any plan, the court must conduct an evidentiary hearing to allocate parental responsibilities from scratch. Notably, parents may agree upon and submit a parenting plan at any time after the case begins, up until the judge enters the judgment of dissolution. If the respondent never files an appearance, no parenting plan is required unless the court specifically orders one. This 120-day window gives families time to negotiate a co-parenting schedule before judicial intervention.
The 14 Required Elements of an Illinois Parenting Plan
Under 750 ILCS 5/602.10, an Illinois parenting plan must set forth 14 statutory provisions at a minimum, plus any additional terms serving the child's best interests. Missing any required element can result in the court rejecting the plan and ordering revisions or an evidentiary hearing.
A compliant parenting plan Illinois judges will approve must address each of these elements:
- An allocation of significant decision-making responsibilities for education, health, religion, and extracurricular activities
- The parenting time schedule, including a written daily, weekly, holiday, and vacation calendar
- A mediation provision for resolving future disputes over reallocation of parenting time (not required if one parent holds all significant decision-making)
- Each parent's right of access to the child's medical, dental, psychological, child care, school, and extracurricular records
- A designation of the parent with the majority of parenting time for purposes of 750 ILCS 5/606.10
- The child's residential address used solely for school enrollment
- Each parent's residence address and telephone number
- A provision requiring written notice before any change of residence, including the relocation notice timeline
- Provisions for resolving disputes and reviewing or modifying the plan
- A provision addressing communication between the child and parents during the other parent's parenting time
- Provisions addressing transportation arrangements and exchange logistics
- A designation addressing the right of first refusal for childcare, if awarded under 750 ILCS 5/602.3
- Each parent's obligations regarding notification of significant events
- Any other provision the parents agree facilitates cooperation
How Illinois Courts Decide the Best Interests of the Child
Illinois courts allocate both parenting time and decision-making according to the best interests of the child, applying statutory factors in 750 ILCS 5/602.7 for parenting time and 750 ILCS 5/602.5 for decision-making. The law presumes both parents are fit, and a judge cannot restrict parenting time unless a preponderance of evidence shows the child would be seriously endangered.
The best-interest standard drives every contested custody agreement in Illinois. For parenting time under Section 602.7(b), the court weighs the wishes of each parent, the wishes of the child considering maturity, and the amount of time each parent spent performing caretaking functions in the 24 months before filing. Judges also consider the child's adjustment to home, school, and community, the distance between residences, the cost of transporting the child, and the willingness of each parent to facilitate a close relationship with the other parent. Physical violence, abuse of any household member, and whether a parent is a convicted sex offender weigh heavily. For decision-making under Section 602.5(c), the court additionally examines the parents' ability to cooperate, the level of conflict, and each parent's past participation in significant decisions. When parents cannot communicate without conflict, judges frequently award sole decision-making to one parent.
Decision-Making Responsibility vs. Parenting Time
Illinois law separates significant decision-making responsibility under 750 ILCS 5/602.5 from parenting time under 750 ILCS 5/602.7. Decision-making covers four areas: education, health, religion, and extracurricular activities. Parenting time is the schedule of physical care. A parent may hold zero decision-making authority yet still receive significant parenting time.
The table below compares these two legal concepts that together replaced the old "custody" framework:
| Feature | Significant Decision-Making | Parenting Time |
|---|---|---|
| Governing Statute | 750 ILCS 5/602.5 | 750 ILCS 5/602.7 |
| What It Covers | Education, health, religion, extracurriculars | The schedule of physical care |
| Can Be Allocated Solely | Yes, to one parent for any issue | Yes, but restrictions need serious-endangerment finding |
| Routine Decisions | Each parent decides during their own parenting time | N/A |
| Emergency Decisions | Each parent may act during their parenting time | N/A |
| Default Presumption | No requirement that both parents share | Both parents presumed fit |
A critical practical point: even when one parent holds all significant decision-making responsibility, the other parent retains sole authority over routine decisions during their own parenting time and over emergency decisions affecting the child's health and safety. This protects the day-to-day functioning of both households regardless of the formal decision-making allocation.
Mediation and the Parenting Education Requirement
Illinois courts must order mediation to help parents formulate or modify a parenting plan unless impediments exist, under 750 ILCS 5/602.10. Separately, parents of minor children must complete a parenting education program of up to 4 hours under 750 ILCS 5/404.1 and Illinois Supreme Court Rule 924, typically costing $25 to $50.
These two requirements smooth the path toward an agreed co-parenting schedule. Court-ordered mediation gives parents a structured forum to resolve disagreements over parenting time and decision-making before a contested hearing. Mediation costs are allocated between the parties under the applicable Supreme Court Rule. The parenting education requirement is separate and applies automatically to all parents in qualifying cases involving minor children, regardless of parenting history. Under Illinois Supreme Court Rule 924, each circuit must approve a program of at least four hours covering parenting time, allocation of parental responsibilities, and the impact of divorce on children. Parents must complete the class as soon as possible, but no later than 60 days after the initial case management conference. Completing the class never implies unfitness. Many counties offer the course online, though Cook County and some circuits restrict distance learning and require a preferred provider.
Filing Costs and Residency Requirements
Illinois divorce filing fees range from $210 to $388 depending on the county, with Cook County charging $388 and DuPage County charging $350. At least one spouse must reside in Illinois for 90 consecutive days under 750 ILCS 5/401 before the court enters judgment. Fee waivers are available for households at or below 125% of federal poverty guidelines.
Illinois has no statewide uniform filing fee because each of the 102 counties operates its own circuit court clerk. The petitioner pays the filing fee to initiate the case, and the responding spouse pays a separate appearance fee, generally $181 to $251. Service of process adds another $50 to $100 when a sheriff or process server delivers the documents. Under Illinois Supreme Court Rule 298, filers whose household income falls at or below 125% of the federal poverty guidelines may submit an Application for Waiver of Court Fees. The 90-day residency requirement under 750 ILCS 5/401 is jurisdictional and cannot be waived by agreement. The clock runs to the date of judgment, so you may file before completing 90 days as long as one spouse meets the threshold before the divorce is finalized. As of January 2026. Verify with your local clerk, as fees change periodically.
How to Modify a Parenting Plan in Illinois
Illinois generally prohibits modification of parenting time or decision-making within two years of the order under 750 ILCS 5/610.5, unless the child's present environment endangers physical, mental, moral, or emotional health. After two years, a parent must show a substantial change in circumstances to modify decision-making provisions.
The two-year restriction promotes stability for children. To modify decision-making responsibilities after two years, the requesting parent must demonstrate that a substantial change has occurred in the circumstances of the child or either parent and that modification serves the child's best interests. Parenting time modifications follow related but distinct standards. Minor adjustments to a parenting time schedule that do not substantially alter the existing arrangement may be approved more readily when they serve the child's best interests. Significant changes to the co-parenting schedule typically require the same substantial-change showing. A parent seeking to relocate with a child triggers separate relocation procedures under the Illinois Marriage and Dissolution of Marriage Act, which require advance written notice and, if contested, a best-interest hearing. Once approved or entered, a parenting plan or allocation judgment is final for purposes of modification and appeal unless the underlying case is dismissed, in which case the plan becomes void.