What Happens if My Ex and I Can’t Agree on a Parenting Plan?

 Posted on August 14, 2026 in Child Custody / Parental Responsibilities

Parenting plans are a necessary part of custody proceedings in Illinois. If parents agree, they can submit one plan together. If they do not agree, each parent generally submits a proposed plan, and the court will order mediation unless there is a reason mediation would not be appropriate. If the parents still cannot agree, a judge will decide the disputed issues based on the child’s best interests.

A Cook County, IL child custody attorney can advise you if you and your co-parent are having trouble agreeing on a parenting plan in 2026.

Are Approved Parenting Plans Required in Illinois?

Under 750 ILCS 5/602.10, parents usually must file a proposed parenting plan within 120 days after a petition for allocation of parental responsibilities is served or filed. The parents can file one plan together or file separate plans. The court can extend the deadline for good cause.

If parents are in agreement about issues involving decision-making responsibilities and parenting time, they can file one plan jointly. The court will generally approve it unless the terms aren’t in the child’s best interests. If parents don’t agree, they each file their own.

Under that same statute, the court must order mediation to help parents create, change, or carry out a parenting plan unless the judge finds that mediation is not appropriate. In Cook County, a history of family violence or abuse can be one reason mediation may not be appropriate.

What Happens in Court-Ordered Mediation in Illinois?

During mediation, both parents meet with a neutral third party called a mediator. The mediator doesn’t make final decisions or represent either parent. Their job is to help parents reach terms in the parenting plan that they can both live with.

Questions commonly addressed in mediation include:

• Where do the children sleep during the school week?

• How do holidays, birthdays, and school breaks get divided?

• Who makes decisions about school, medical care, and religion?

• What happens when someone wants to change the schedule later?

Mediation can still help even if the parents do not agree on every issue. If they agree on some things, there is less for the court to decide.

Who Represents the Child When Parents Can’t Agree in Illinois?

When needed, the court can appoint someone to represent any children involved in the dispute (750 ILCS 5/506). There are three distinct roles.

Attorney for the Child

An attorney for the child provides independent legal representation to the child. The attorney has the same duties of loyalty and confidentiality that a lawyer has when representing an adult.

Guardian ad Litem

A guardian ad litem (GAL) investigates the case. The GAL interviews the child and the parents and may also talk to other people involved in the child’s life, such as teachers. Unless the court says otherwise, the GAL submits a written report, recommendations, or a proposed parenting plan based on the child’s best interests. A GAL may also be called as a witness and questioned about the report or recommendations.

Child Representative

A child representative investigates the case and argues for what they believe is in the child’s best interests. They must consider what the child wants, but they do not have to follow the child’s wishes. Unlike a GAL, a child representative does not give the judge a report or recommendation and cannot be called as a witness. Instead, the child representative takes part in the case much like an attorney.

Which of these options is most appropriate depends on your case. The judge decides whether a representative is needed and which role that person will serve.

What Happens if Mediation Doesn’t Resolve Parenting Plan Disputes in Illinois?

If you still can’t agree after mediation, the court will hold a hearing or trial and decide the issues that remain unresolved. The judge allocates decision-making responsibilities and parenting time based on the child’s best interests. The judge may consider factors such as each parent’s past caretaking, the child’s adjustment to home and school, and each parent’s willingness to support the child’s relationship with the other parent.

Reaching agreements during mediation can give parents more control over the final parenting plan. If they cannot agree, the judge will make the final decision based on the evidence and the child’s best interests.

Call a Skokie, IL Family Law Attorney Today

The Law Offices of Curtis Bennett Ross, L.L.C. has unique qualifications when dealing with contested parenting plans. We bring over 40 years of experience to these cases. Our attorney is also a certified public accountant and a trained mediator, and has served as a court-appointed guardian ad litem.

Call our Cook County, IL child custody lawyer at 312-984-1514 to schedule your free limited consultation today.