As you go through the divorce process as a parent, you will have many important issues to resolve regarding child custody. The most prominent issue for many parents is the amount of time their children will spend with them after their divorce, known officially in Illinois as “parenting time.” Understanding how Illinois courts handle parenting time can help you work toward an arrangement that allows you to spend as much time as possible with your kids.
At Reifman Law, we have nearly 20 years of experience helping parents address parenting time in divorce cases and other custody matters. Based on your children’s best interests and your personal preferences, we will help you negotiate an appropriate parenting time schedule with your child’s other parent or represent you in litigation to make the case for a parenting schedule that meets your needs.
When parents divorce and move into separate households, it is important to determine when the children will stay with each parent. It is also important to ensure that each parent has the ability to provide for the children’s care and needs during their scheduled parenting time. Ultimately, the court will want to ensure that the allocation of parenting time is consistent with the children’s best interests.
In most cases, parents will work together to create a parenting plan that includes a parenting time schedule along with other important details. If the court determines that this parenting time agreement is in the children’s best interests, it will be approved and become legally binding. If the parents cannot agree on a parenting time schedule, the court will make the decision after considering factors including:
The court will generally presume that it is in a child’s best interest to spend significant time with both parents, but the details of your parenting plan will largely depend on your family’s situation. In some cases, it may be in your children’s best interests to divide time roughly equally between each parent’s homes. For example, if you and your former spouse will live fairly close to each other and your children’s school, your schedule might include alternating weeks with each parent.
In other cases, it may be better for the children to spend more time with one parent, perhaps because the location is more convenient for their school and extracurricular activities or because that parent has more time to devote to the children’s care. If so, your schedule may allocate most weekday parenting time to one parent, with some weekend parenting time to the other.
In addition to your regular weekly schedule, there are other important parenting time details to address in your parenting plan. For example, you should decide how you and your spouse will share school breaks and holidays with your children, how you will manage transportation for parenting exchanges, and what you will do when a parent needs child care during their scheduled parenting time. You should also consider how you will handle any future modifications to your parenting time schedule.
We assist individuals and families in Cook, Lake, and DuPage counties.
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