Chicago Illinois Joint Parenting Agreement
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How to fill out Illinois Joint Parenting Agreement?
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FAQ
If a parent has custody or visitation rights and spends at least half of the time with the children, that parent can ask permission to move and take the child along. The first step is that a parent who wants to move has to give the other parent written notice of the relocation plans.
50/50 joint custody refers to each parent's decision-making rights and placement schedule (Illinois calls these parental responsibilities and parenting time). The best joint custody schedule maximizes parenting time with both parents. Illinois law prefers parents to mutually agree on a schedule.
Illinois law requires each parent who is part of a child custody agreement to retain the other parent's consent before traveling out of Illinois with the children for vacation. Parental consent is not required for in-state travel. The easiest way to obtain consent is to have it written in to a child custody agreement.
The easiest way to move out of state is for the non-custodial parent to approve of the move. According to Illinois law (750 ILCS 5/609.2), a parent who has been awarded either the majority of parenting time or equal parenting time may seek to move out of the state with their child.
The child's current residence is probably both houses, meaning both parents have to stay within 25 miles of each other or trigger the relocation clause of the statute. If you live outside of Chicago area counties, you can move up to 50 miles without triggering the relocation statute.
Additionally, Illinois has a joint custody law that I am proud to have co-authored -- and also benefited from as a joint custodial father myself. Joint custody allows parents to remain involved in the lives of their children if the law is utilized most effectively.
You will need to submit a petition to the court as well as a Child Custody Affidavit to start the process. You will also need to prove to the court that your ex-spouse is an unfit parent and that you are fully capable of handling the responsibilities that come with sole custody.
Where parents cannot independently work out an arrangement, courts in Illinois have the power to enter a Joint Parenting Order. A Joint Parenting Agreement or Order should contain a detailed explanation of each parent's powers, rights and responsibilities for the care of the child.
Just have your divorce attorney draw up and submit an Agreed Allocation Of Parenting Time and Parenting Responsibilities. You don't have to mention that you are asking for joint 50/50 custody, just make sure that's what your proposed agreement adds up to.
Both parents may share legal custody of their child or one parent can be given sole legal custody. Naturally, allowing contentious couples to share residential custody is considered to be counterproductive and most courts hesitate in awarding it.
