My ex and I were never married (broke up three months into my pregnancy) and we have a 2 year old. At the time of his birth we drafted an agreed paternity and custody order per California law which is where we lived at the time and I essentially have "sole" physical and legal custody and he sees his child via FaceTime and during leave times when he or I can travel. Though the document is notarized, we did not file it with the courts in California because it would have required me to sue him first and neither of us wanted to do that seeing as he is in the military and it would have created an unnecessary headache for him.
I have since moved to Illinois and he is stationed several states away and is no longer in California. We have no issues and continue to operate under the document we signed but both of us know it is not enforceable without it being filed with a court. We have discussed and would like to file a new parenting agreement in Illinois but cannot find any information on the procedure of how to simply file an agreed plan (everything I find does not fit our situation) so that it can become an enforceable order.
The law in IL has changed. What was called custody and visitation are now called allocation of parental responsibilities and allocation of parenting time. The orders are more complex but can be tailored to your situation and agreement. You would be best served to have an family law attorney draw up the agreed document for you and file the proper case to have it entered in. If you have a Viluntary Acknowledgement of Paternity or its equivalent from CA, you may be able to avoid a filing fee. You can most likely get a free consultation.
One cannot just go file a parenting plan (and mine is close to 20 pgs long). There must be a petition, an entry of appearance, a parenting plan, a judgment. Mediation and premediation questionnaires if disagree on something. Financial affidavit for support issues. Not simple enough for diy.
First of all, congratulations on doing what most people cannot do which is actually like adults and responsible parents. Yes, parenting agreement must be a court order to be enforceable. Best answer is that you contact an attorney about filing a parentage case and getting your agreement entered by a judge.
you should file a petition under the illinois parentage act. if he is the legal father, then the court need not determine that but then must determine an allocation of parental responsibility for decisions,, for parenting time, child support, medical insurance, payment of uninsured medical costs, of school costs, of activity costs,
the law in illinois changed jan one this year. there are new words and new forms to utilize.
best for you to hire a lawyer in your county. bring your papers to the lawyer. he or she can adapt them to illinois law.
If you have something 'filed' in California already, you may only need to enroll/register that judgment in Illinois. Then, Illinois is likely to be able to enforce it.
If nothing has been filed through the courts in California, then, yes, you will need to file a parentage or custody action here.
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