ILLINOIS AGREEMENT FOR JOINT ALLOCATION OF PARENTAL RESPONSIBILITIES

Pursuant to 750 ILCS 5/602.5 and 5/602.7 — Illinois Marriage and Dissolution of Marriage Act

IMPORTANT: ILLINOIS LEGAL FRAMEWORK FOR JOINT ALLOCATION

Since January 1, 2016, Illinois no longer uses the terms "joint custody" or "sole custody." Under the Illinois Marriage and Dissolution of Marriage Act (IMDMA), parental rights are divided into two independent categories:

1. Significant Decision-Making Responsibility (750 ILCS 5/602.5) — Authority over major decisions in four areas: education, health, religion, and extracurricular activities. This may be allocated jointly (shared) or to one Parent for specific categories.

2. Parenting Time (750 ILCS 5/602.7) — The schedule of time each Parent spends with the Child(ren). Illinois does not use the term "visitation" for Parents.

This Agreement establishes joint significant decision-making and substantially equal (or near-equal) parenting time. Under Illinois law, there is no statutory presumption favoring joint or equal parenting time; the court allocates based on the Child(ren)'s best interests under the seventeen (17) factors of 750 ILCS 5/602.7(b).

120-Day Filing Requirement: Under 750 ILCS 5/602.10, all parents must file a proposed parenting plan within 120 days after service or filing of any petition for allocation of parental responsibilities.

1. COURT AND CASE INFORMATION

In the Circuit Court of the [________________________________] Judicial Circuit
County of [________________________________], State of Illinois

☐ Domestic Relations Division ☐ Family Division

Case Number: [________________________________]

Case Type: ☐ Dissolution of Marriage ☐ Legal Separation ☐ Parentage ☐ Allocation of Parental Responsibilities ☐ Other: [________________________________]

1.1 Parent A

Full Legal Name: [________________________________]
Address: [________________________________]
City, State, ZIP: [________________________________]
County: [________________________________]
Telephone: [________________________________]
Email: [________________________________]
Employer: [________________________________]
Work Schedule: [________________________________]
Attorney: [________________________________]
ARDC No.: [________________________________]

1.2 Parent B

Full Legal Name: [________________________________]
Address: [________________________________]
City, State, ZIP: [________________________________]
County: [________________________________]
Telephone: [________________________________]
Email: [________________________________]
Employer: [________________________________]
Work Schedule: [________________________________]
Attorney: [________________________________]
ARDC No.: [________________________________]

1.3 Minor Child(ren)

1.4 Recitals

A. The Parents are the legal parents of the Child(ren).
B. The Parents desire to establish joint significant decision-making responsibilities and substantially equal parenting time.
C. The Parents acknowledge their ability to cooperate, communicate in good faith, and prioritize the Child(ren)'s welfare.
D. Both Parents are fit and proper to exercise parenting time. It is presumed that both Parents are fit, and the Court shall not restrict parenting time unless it finds by a preponderance of the evidence that the exercise of parenting time would seriously endanger the Child(ren). (750 ILCS 5/602.7(a).)
E. This Agreement is filed as an agreed parenting plan pursuant to 750 ILCS 5/602.10.

2. JOINT SIGNIFICANT DECISION-MAKING RESPONSIBILITIES (750 ILCS 5/602.5)

2.1 Shared Decision-Making

The Parents shall share joint significant decision-making responsibility for the Child(ren) in the following four statutory categories. All significant decisions shall be made by mutual agreement after good-faith consultation.

2.2 Good-Faith Consultation Protocol

(a) The Parent initiating a decision shall present the proposal in writing (via the agreed communication method in Section 6) with sufficient supporting information.
(b) The receiving Parent shall respond within [____] calendar days.
(c) If the receiving Parent fails to respond within the required timeframe, the proposing Parent may proceed with the proposed decision.
(d) If the Parents disagree after good-faith discussion, the dispute shall be resolved through mediation as set forth in Section 10 before either Parent seeks court intervention.

2.3 Tiebreaker Provisions

If mediation fails to resolve a joint decision-making dispute, the following tiebreaker shall apply:

☐ Option A — Designated Tiebreaker by Category:
Education: Parent [____] has final authority
Health: Parent [____] has final authority
Religion: Parent [____] has final authority
Extracurricular Activities: Parent [____] has final authority

☐ Option B — No Tiebreaker: The matter shall be submitted to the Court.

☐ Option C — Parenting Coordinator: A parenting coordinator shall resolve the dispute (see Section 10.3).

2.4 Day-to-Day and Emergency Decisions

Each Parent makes routine day-to-day decisions during that Parent's parenting time (meals, bedtime, discipline, hygiene, social activities). (750 ILCS 5/602.5(b).)

Either Parent may make emergency health or safety decisions when immediate action is needed. The deciding Parent shall notify the other within twenty-four (24) hours. (750 ILCS 5/602.5(b)(2).)

3. PARENTING TIME ALLOCATION (750 ILCS 5/602.7)

3.1 Equal Parenting Time Arrangement

The Parents agree to substantially equal parenting time for both Parents. The following schedule is designed to provide each Parent approximately 50% of overnights annually:

3.2 Regular Parenting Time Schedule

☐ Schedule A: Alternating Weeks
Parent A: [________________________________] (day) at [____] ☐ AM/PM through [________________________________] (day) at [____] ☐ AM/PM
Parent B: The following week on the same schedule
Exchange: ☐ At school ☐ At [________________________________]

☐ Schedule B: 2-2-3 Rotation (provides 50/50 every two weeks)
Week 1: Mon-Tues with Parent A; Wed-Thurs with Parent B; Fri-Sun with Parent A
Week 2: Mon-Tues with Parent A; Wed-Thurs with Parent B; Fri-Sun with Parent B
(Pattern rotates so each Parent has every other three-day weekend)

☐ Schedule C: 5-2-2-5 (Fixed Weekdays, Alternating Weekends)
Parent A: Every Monday and Tuesday
Parent B: Every Wednesday and Thursday
Alternating Friday through Sunday (Parent A Week 1; Parent B Week 2)

☐ Schedule D: 3-4-4-3 Rotation
Week 1: Parent A has Mon-Wed; Parent B has Thurs-Sun
Week 2: Parent A has Mon-Thurs; Parent B has Fri-Sun

☐ Schedule E: Custom Equal-Time Schedule
Parent A's time: [________________________________]
Parent B's time: [________________________________]

3.3 Designation of Residence for School Enrollment

Although parenting time is substantially equal, for purposes of school enrollment and mailing, the Child(ren)'s address of record shall be:

☐ Parent A's address ☐ Parent B's address

This designation does not give either Parent greater rights and is solely for administrative purposes under Illinois school enrollment requirements.

3.4 Holiday and School Break Schedule

Holidays supersede the regular schedule and alternate annually. Illinois state holidays are included.

3.5 Summer Parenting Time

☐ Same as school-year schedule

☐ Each Parent receives [____] consecutive weeks of vacation parenting time. Written selection of dates by ☐ April 1 / ☐ [________________________________] each year. Parent [____] has priority in even years.

☐ Modified summer rotation: [________________________________]

4. EXCHANGES AND TRANSPORTATION

4.1 Exchange Location

☐ School/daycare (dropping-off Parent delivers; receiving Parent picks up — preferred to minimize direct contact)
☐ Mutually agreed neutral location: [________________________________]
☐ Parent A's residence (curbside)
☐ Parent B's residence (curbside)

4.2 Transportation Allocation

☐ Receiving Parent picks up the Child(ren)
☐ Parents alternate driving (one drops off; the other picks up)
☐ Each Parent responsible for 50% of transportation
☐ Custom: [________________________________]

4.3 Exchange Protocols

(a) Child(ren) shall be ready at the designated time with necessary belongings, medications, and school materials.
(b) Fifteen (15) minutes' notice required if running late.
(c) No arguments or conflict at exchanges.
(d) Neither Parent shall enter the other's home without invitation.

5. INFORMATION SHARING AND RECORDS ACCESS

Both Parents shall have full and equal access to the Child(ren)'s school records, medical/dental/mental health records, and activity information. Both Parents shall be listed as emergency contacts with all providers.

Each Parent shall notify the other within twenty-four (24) hours of:
- Medical emergencies, injuries, or hospitalizations
- Contact with law enforcement or DCFS
- School disciplinary matters

Each Parent shall provide the other with copies of report cards, test results, and progress reports within [____] days of receipt.

6. COMMUNICATION

6.1 Co-Parenting Communication

Primary communication method: ☐ OurFamilyWizard ☐ TalkingParents ☐ Email ☐ Text ☐ Other: [________________________________]

Response times: Non-urgent matters — [____] hours; Urgent matters — [____] hours.

6.2 Parent-Child Communication

Each Parent shall facilitate reasonable telephone/video contact between the Child(ren) and the other Parent during parenting time, at a mutually agreed time, generally [________________________________].

6.3 Prohibited Conduct

☐ No disparaging remarks about the other Parent or the other Parent's family in the Child(ren)'s presence
☐ No discussion of litigation or financial disputes with the Child(ren)
☐ No use of the Child(ren) as messengers
☐ No interrogation of the Child(ren) regarding the other Parent's household
☐ No alienating conduct

7. RELOCATION (750 ILCS 5/609.2)

7.1 Relocation Notice Requirements

Either Parent must provide written notice at least sixty (60) days before any proposed relocation that exceeds:
- 25 miles from the current primary residence if the Parent resides in Cook, DuPage, Kane, Lake, McHenry, or Will County;
- 50 miles from the current primary residence if the Parent resides in any other Illinois county; or
- 25 miles if the move crosses the Illinois border.

7.2 Impact on Joint Parenting Time

The Parents acknowledge that a relocation by either Parent may make the current equal parenting time schedule impracticable. In such event, the Parents shall negotiate in good faith to modify the schedule, or either Parent may petition the Court under 750 ILCS 5/609.2.

7.3 Relocation Factors

If the Parents cannot agree, the Court shall determine relocation based on the factors in 750 ILCS 5/609.2(g), including: (i) the circumstances and reasons for the intended relocation; (ii) the impact on the quality of life for the Child(ren); (iii) the extent to which the Parents have complied with their obligations under the parenting plan; (iv) the degree to which the non-relocating Parent's involvement will be preserved; (v) the Child(ren)'s wishes; and (vi) any other relevant factor.

8. FINANCIAL PROVISIONS

8.1 Child Support

☐ Child support shall be calculated pursuant to 750 ILCS 5/505 and addressed ☐ in this proceeding / ☐ separately.
☐ Due to equal parenting time, child support shall be calculated under the shared physical care provisions.

8.2 Healthcare

☐ Parent [____] shall maintain health, dental, and vision insurance for the Child(ren).
☐ Unreimbursed medical, dental, vision, orthodontic, and mental health expenses shall be divided: Parent A [____]% / Parent B [____]%.

8.3 Extracurricular and Educational Expenses

☐ Mutually agreed-upon extracurricular activity costs shall be divided: Parent A [____]% / Parent B [____]%.
☐ School supplies, fees, and required materials shall be divided: Parent A [____]% / Parent B [____]%.
☐ Each Parent shall pay for activities enrolled in only during that Parent's parenting time.

8.4 Childcare Costs

☐ Work-related childcare costs shall be divided: Parent A [____]% / Parent B [____]%.

9. ADDITIONAL PROVISIONS

9.1 Right of First Refusal

☐ If either Parent is unavailable to care for the Child(ren) for more than [____] consecutive hours during that Parent's parenting time, that Parent shall offer the other Parent the opportunity to care for the Child(ren) before using third-party childcare.

9.2 Substance Use

☐ Neither Parent shall use non-prescribed controlled substances or consume alcohol to the point of impairment during parenting time or within [____] hours before the start of parenting time.

9.3 Firearms Safety

☐ All firearms shall be stored unloaded and locked with ammunition stored separately, inaccessible to the Child(ren).

9.4 New Romantic Partners

☐ Neither Parent shall introduce the Child(ren) to a new romantic partner until the relationship has been ongoing for at least [____] months.
☐ Neither Parent shall allow overnight stays by a romantic partner when the Child(ren) are present until [________________________________].

9.5 Travel

☐ Domestic travel permitted during parenting time; itinerary and emergency contact provided to the other Parent.
☐ International travel requires written consent of both Parents and [____] days' advance notice. Each Parent shall cooperate in obtaining passports.

9.6 Consistency Between Households

Parents shall make reasonable efforts to maintain consistent rules, bedtimes, homework expectations, and discipline approaches across both households.

10. DISPUTE RESOLUTION

10.1 Steps

Step 1 — Direct Communication: Good-faith discussion between Parents.

Step 2 — Mediation (750 ILCS 5/602.10(e)): If direct communication fails, Parents shall engage a qualified family mediator. Costs shared: Parent A [____]% / Parent B [____]%.

Step 3 — Parenting Coordinator (Optional):
☐ The Parents agree to appoint a parenting coordinator to resolve implementation disputes. Name: [________________________________], or a mutually agreed professional.

Step 4 — Court: If all other steps fail, either Parent may file a motion with the Circuit Court.

10.2 Mediation Exceptions

Mediation is not required when an Order of Protection is in effect or when the Court determines impediments to mediation exist. (750 ILCS 5/602.10(e).)

11. MODIFICATION

Any modification of this Agreement shall comply with 750 ILCS 5/610.5:

• Parenting time may be modified upon a showing of changed circumstances necessitating modification in the Child(ren)'s best interests.
• Significant decision-making may not be modified within two (2) years of the order unless the Child(ren)'s present environment seriously endangers their health or impairs emotional development.
• Modification may occur without showing changed circumstances if: (i) it reflects the actual arrangement for six months; (ii) it is a minor modification; (iii) it corrects an erroneous order; or (iv) the parties agree.

12. PARENTING EDUCATION

☐ Both Parents have completed or agree to complete a parenting education program as required by local circuit court rule or Court order (not to exceed four hours). (750 ILCS 5/602.10(f).)

13. EXECUTION

We, the undersigned Parents, have read this Agreement, understand its terms, and submit it as an agreed parenting plan under 750 ILCS 5/602.10. We agree it serves our Child(ren)'s best interests.

PARENT A:

Signature: _________________________________
Print Name: [________________________________]
Date: [__/__/____]

PARENT B:

Signature: _________________________________
Print Name: [________________________________]
Date: [__/__/____]

ATTORNEY FOR PARENT A:

Signature: _________________________________
Print Name: [________________________________]
ARDC No.: [________________________________]
Date: [__/__/____]

ATTORNEY FOR PARENT B:

Signature: _________________________________
Print Name: [________________________________]
ARDC No.: [________________________________]
Date: [__/__/____]

14. ORDER OF THE COURT

IN THE CIRCUIT COURT OF THE [____] JUDICIAL CIRCUIT
[________________________________] COUNTY, ILLINOIS

Case No.: [________________________________]

The Court, having reviewed the Joint Allocation of Parental Responsibilities Agreement and finding that it serves the best interests of the minor Child(ren) under 750 ILCS 5/602.7(b) and complies with 750 ILCS 5/602.10:

IT IS HEREBY ORDERED that the Agreement is approved and incorporated as an order of this Court, effective [__/__/____].

Date: [__/__/____]

_________________________________
Judge, Circuit Court of [________________________________] County, Illinois
[____] Judicial Circuit

Sources and References

Illinois Marriage and Dissolution of Marriage Act (IMDMA)

• 750 ILCS 5/602.5 — Significant Decision-Making: https://www.ilga.gov/legislation/ilcs/documents/075000050K602.5.htm
• 750 ILCS 5/602.7 — Parenting Time: https://www.ilga.gov/legislation/ilcs/documents/075000050K602.7.htm
• 750 ILCS 5/602.10 — Parenting Plan: https://www.ilga.gov/legislation/ilcs/documents/075000050K602.10.htm
• 750 ILCS 5/609.2 — Relocation: https://www.ilga.gov/legislation/ilcs/documents/075000050K609.2.htm
• 750 ILCS 5/610.5 — Modification: https://www.ilga.gov/legislation/ilcs/documents/075000050K610.5.htm
• 750 ILCS 5/506 — GAL / Child Representative: https://www.ilga.gov/legislation/ilcs/documents/075000050K506.htm

Court Resources

• Illinois Courts Parenting Plan Form: https://ilcourtsaudio.blob.core.windows.net/antilles-resources/resources/a601856a-12e7-44fe-9076-88a8e150c3a7/DWC%20Parenting%20Plan.pdf
• Illinois Legal Aid Online — Parenting Plan: https://www.illinoislegalaid.org/legal-information/parenting-plan
• Cook County Domestic Relations Division: https://www.cookcountycourtil.gov/part-13-domestic-relations-proceedings

Prepared for attorney review. This template is provided for informational purposes only and does not constitute legal advice. Consult a licensed Illinois attorney before use.