What Is A Parenting Agreement?

What Is A Parenting Agreement?

By M. Scott Gordon

 A divorce can be hard on the parents, but it can be worse for children, especially if the parents are fighting over custody. However, parents can set aside their differences and come together to work to make the effects of the divorce less traumatic on their children. Working together, parents can keep the children’s lives relatively stable. Chicago area parents can negotiate with each other to come up with a parenting agreement that holds them to certain terms regarding the raising of their children after a divorce.  A Parenting Agreement can be with either sole custody to one parent, or joint custody for both parents.  This blog concerns a Parenting Agreement; the distinction between sole and joint custody is discussed in another blog, or in an article on our website, www.FamilyLawAdvocate.com

How a Parenting Agreement Works

A parenting agreement, which will be incorporated into a Custody Judgment, is essentially a contract between the parties in a custody dispute. In Chicago and throughout Illinois, a joint parenting agreement establishes the rights and responsibilities for each parent after the divorce or family break-up.  It outlines child custody issues such as each parent’s powers as to decision making in caring for the children, and who  responsible for decisions regarding education, healthcare and even choosing of religious training.

Parenting agreements are also supposed to contain clauses that spell out how disputes between the parties regarding the agreement are to be resolved. For example, most counties in Illinois now require that a Parenting Agreement (when there is joint custody) have the parents first take any future disputes to mediation, before taking the case back to court.  In addition, again when the parties agree to joint custody, the parties must agree in the parenting agreement to review the terms of the agreement every year.  This is not a formal judicial review, but rather an informal meeting or discussion between the parties.  This can allow them to make changes (other than as to custody) to the agreement if necessary due to changed circumstances. 

 Parenting agreements further a goal of the Illinois Marriage and Dissolution of Marriage Act: to help lessen the effects of the divorce process on the children, as well as parents. It is Illinois policy to follow settlement agreements that are made according to the Illinois Marriage and Dissolution of Marriage Act. The Illinois Supreme Court has upheld the terms of such agreements once they are approved by the Court, stating that as long as the terms of the agreement are reasonable and in the best interest of the children, Illinois courts should enforce them as orders of the court.

Judge May Make Decisions Outside of the Agreement

Even though Illinois courts encourage the divorcing couple to come together and make agreements that work for all parties involved, especially the children, the judge is not bound by a parenting agreement before it is incorporated into a Custody Judgment. The judge can analyze the provisions of the agreement, considering the best interest of the children, to make sure it is an acceptable legal agreement as determined by the Judge.

Contact a Chicago Attorney

If you are going through a divorce and need assistance drafting a Parenting Agreement that works for you and your children, contact the Chicago, Illinois-based M. Scott Gordon & Associates, and see how we can help you in this important aspect of your divorce.