How Is Parenting Time Determined in Illinois Divorce Cases?

 Posted on October 30, 2020 in Divorce

For many people, most of their knowledge about divorce is simply what they have seen played out in movies or TV or from stories they have heard from their family and friends who have gone through a divorce. No two divorces are the same, so there are many things that may come as a shock to couples who end up going through the process. This can be especially true when it comes to couples who have children. Parents getting a divorce have many additional issues to worry about, including allocating parenting time and parental responsibilities. For many parents, one of the biggest shocks can be realizing just how much less time they will be spending with their children.

Examining the Determining Factors

Nearly all family law practitioners and the court system encourages you to work together with your spouse to work out a parenting time agreement, but when a couple becomes contentious with one another, the court must sometimes intervene. If the court has to step in to make decisions about issues such as allocating parenting time, the decision will be made based on what is determined to be in the child’s best interests. To do this, the court looks at a variety of factors involving your situation, including:

• The wishes of each parent

• The wishes of the child, taking into consideration the child’s age, maturity level, and ability to make independent decisions

• The amount of time each parent spent taking care of the child in the 24 months immediately prior to the divorce, or since birth if the child is less than 24 months old

• Any type of agreement between the parents with regard to taking care of the child

• The relationship and interaction between the child and his or her siblings

• The mental and physical health of both parents and the child

• The child’s needs

• The distance between each parent’s home and the difficulty of transporting the child

• Whether or not a parenting time restriction should be put into place

• Whether or not abuse, physical violence, or threat of physical violence occurs in the child’s household

• The ability and willingness of each parent to place the needs of the child before their own

• The willingness of each parent to facilitate a relationship between the child and the other parent

Our DuPage County Parenting Time Attorney Can Help

Some of the biggest worries for most parents during a divorce are those that involve the children. At the Law Office of Ronald L. Hendrix, P.C., we have more than 35 years of combined legal experience ready to put to use for you. Our proficient and dedicated Wheaton, IL parenting time lawyers understand the importance of having a fair and balanced parenting plan and parenting time schedule, which is why they will do everything in their power to ensure your case has a positive outcome. To schedule a free consultation, call our office today at 630-355-7776.

Source:

https://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2086&ChapterID=59