During divorce, legal separation, or the establishment of a first-time custody arrangement for non-married parents, there can be a number of legal requirements that might seem overwhelming at first. Creating a plan for child custody, which is divided into “parental responsibilities” and “parenting time” in Illinois, can seem like an insurmountable amount of work. An experienced family law attorney can walk you through the process step-by-step. 

In our last blog, we discussed a broad overview of what a parenting plan needs to contain to get approved by an Illinois family law judge. Today, we will look at a specific element of a parenting plan that many parents utilize to help them maximize their time with each child: The right of first refusal. 

Using the Right of First Refusal to Your Advantage

The right of first refusal is a clause that describes when parents are obligated to give each other the first opportunity to provide supplementary childcare. Parents will need to agree on how long they must be gone before giving each other the chance to take the kids. 

When parents of minor children get divorced in Illinois, they need to submit something called a “parenting plan” to a judge for approval. In the best-case scenario, parents will have already created a parenting plan together and can simply submit it to the court as part of an uncontested divorce. When this is not possible, however, parents can still work together using the help of a mediator or collaborative divorce team to negotiate a parenting plan. If absolutely necessary, a judge can intervene and make custody decisions on behalf of a couple who cannot negotiate the terms of their parenting plan themselves. However you eventually get to your final parenting plan, it is important to understand what it is and what it needs to address. 

What is a Parenting Plan? 

Parenting plans, otherwise known as child custody agreements, are legally binding agreements that detail exactly how a divorced couple will manage their underage children. Once a parenting plan has been approved by a judge and entered as part of a divorce decree or divorce order modification, parents must follow the parenting plan or face legal consequences. 

A parenting plan will address the two major parts of child custody in Illinois: The allocation of parental responsibilities, which is the right to make important decisions on behalf of a child, and parenting time, which is the right to spend time with a child.