How is Parenting Time Decided in Illinois?

 Posted on July 12, 2024 in Divorce

Parenting time, or visitation, arrangements after a separation or divorce can be challenging. While a mutual agreement between parents is ideal, sometimes a court-appointed parenting plan becomes necessary. Legal guidance from an Illinois lawyer can ease this process.

The Best Interests of Children 

In Illinois, the primary consideration in all parenting time decisions is the child's best interests. The Illinois Marriage and Dissolution of Marriage Act outlines several factors that courts will consider when determining what arrangement will best serve the child’s needs:

• The wishes of the child, considering the maturity level and ability to express reasoned preferences

• The physical and mental health of all individuals involved

• The child’s adjustment to the home, community, and school

• The level of cooperation between parents in making decisions regarding the child

• The distance between the parents’ residences and the difficulty in transporting the child

• Any history of domestic violence or abuse

Courts carefully weigh these factors and any other relevant circumstances to create a parenting time schedule that promotes the child’s well-being and maintains strong relationships with both parents whenever possible.

Types of Parenting Time Arrangements

Illinois courts recognize that every family situation is unique and strive to create customized parenting time schedules. Some common arrangements include:

• Alternating weekends

• Midweek visits

• Extended summer vacations

• Holiday rotations

• Equal parenting time (50/50 split)

The specific schedule depends on the parents’ work schedules, the child’s school and extracurricular activities, and the distance between parents’ homes.

Modification of Parenting Time Orders

Life circumstances can change, and Illinois law allows for modifications to existing parenting time orders. To modify a parenting time arrangement, a parent needs to show a significant change in circumstances since the last order and prove that the modification is in the child’s best interests. Examples of a significant change may include parental relocation, changes in work schedules, or concerns about the child’s safety or well-being in the current arrangement. Courts carefully consider any proposed change to ensure that any modifications continue to prioritize the child’s welfare and maintain stability in his or her life.

Enforcing Parenting Time Orders

When one parent consistently violates a court-ordered parenting time schedule, the other parent may seek enforcement through the court. Illinois courts have various tools at their disposal to ensure compliance, including:

• Awarding additional parenting time to make up for missed visits

• Requiring the non-compliant parent to pay the other parent’s attorney fees

• Holding the non-compliant parent in contempt of court

It is important to note that withholding parenting time due to non-payment of child support is not permitted under Illinois law. These are separate issues that must be addressed individually through proper legal channels.

Work With a DuPage County, IL Family Law Lawyer

If you are facing challenges with parenting time, a Lisle, IL family law attorney can help. Our attorneys focus on creating a smart, effective strategy for every client. Call SpyratosDavis LLC at 630-810-8881 to start the process and learn more about what we can do for you.