Illinois Parenting Plans: Disputes Over ADHD/Autism Care

 Posted on December 12, 2025 in Divorce / Family Law

Imagine if the IEP team at your child’s school believes he or she requires additional support, new therapy services, or possible medication. While you agree, your child’s other parent does not. More Illinois families are navigating ADHD and autism diagnoses, but not all parents agree on the right treatment plan. While one parent may push a specific treatment, the other may question the diagnosis, the school’s recommendations, or may simply want a more conservative approach.

These disagreements may lead to petitions to modify the parenting plan (750 ILCS 5/610.5) or compel the court to determine which treatments are in the child’s best interests. In other words, when the parents are unable to agree on treatment for their child, the judge must determine whether modifying the parenting plan or reallocating decision-making rights is the best course of action to ensure the child gets the support he or she needs.

If you are in a situation like this, regardless of which "side" you are on, knowing how these disputes are handled can help you navigate the process with less stress. A Geneva, IL family law attorney can ensure that your rights and the best interests of your child are protected during a disagreement between parents.

Why Are ADHD and Autism Disputes Increasing in Illinois Parenting Cases?

More school evaluations occur now than ever before, along with increasing numbers of pediatric diagnoses. There is rising pressure on parents to support IEP goals at home, which can make it difficult for split households to struggle with consistent routines. There can be mistrust or disagreement between parents regarding therapy or medication approaches. One parent often feels excluded from medical or educational decisions, leading to challenges regarding the recommended treatments or medications.  

How Illinois Handles Decision-Making Responsibilities for Special Needs Children

In Illinois, if the parents are unable to agree on parental responsibilities after divorce, the judge will make those decisions for them. The allocation of parental responsibilities (750 ILCS 5/602.5) includes determining whether one parent or both parents will make decisions regarding education, healthcare, extracurricular activities, and religion.

If joint decision-making consistently fails, the court may grant one parent the authority, but that decision will always be based on the best interests of the child. The judge will determine each parent’s level of involvement in treatment, past compliance with medical and IEP plans, the ability to communicate with one another, and each parent’s willingness to follow expert recommendations.  

What Are the Most Common Disputes That Trigger Modification Petitions?

Typically, the most common dispute regarding ADHD diagnoses is whether medication is warranted. One parent may support stimulant or non-stimulant ADHD medications, while the other believes no medication is necessary and that the side effects of the medication outweigh the benefits. This can lead to missed doses of a prescribed ADHD medication during one parent’s parenting time.

Differences in therapy choices can also trigger disagreements between parents. The choices may include occupational therapy, speech therapy, ABA therapy, or counseling. One parent may believe the level of therapy constitutes over-treatment, while the other claims the child is regressing without it. When it comes to IEPs and school strategies, one parent may want more accommodations, while the other opposes special education classification. This can lead to disputes over attendance, homework routines, or other support systems.

The judge may consider IEP reports and progress notes, teacher testimony, medical provider recommendations, attendance records, and homework logs. Evidence of missed therapy appointments, parental communication patterns, and evidence that one parent refuses or undermines treatment will also come into play. Judges typically extend considerable weight to neutral experts like pediatricians, psychologists, and IEP teams.

Contact a Kane County, IL Family Law Attorney

If you and your child’s other parent are unable to agree on accommodations for a diagnosis of autism or ADHD, a highly skilled Geneva, IL parenting plan lawyer from Loire Krajniak Law, LLC can help you pursue a modification that clarifies responsibilities and protects your child’s needs. When you choose Attorney Krajniak, you can trust that your family is in good hands. Call 630-448-2406 to schedule your free consultation.