How Can Parenting Time Be Divided in an Illinois Divorce?

 Posted on June 05, 2023 in Divorce

Going through a divorce can be very difficult, regardless of the situation. When children are involved, however, things can become much more complicated, and disagreements between parents can be emotionally charged and difficult to resolve. Many of the most significant concerns for divorcing parents will be related to child custody, including determining how parenting time will be divided. Depending on a family's circumstances, the needs of the children, and other factors, there are a wide variety of different arrangements for sharing physical custody of children. By understanding the options that are available, parents can take steps to make sure they will be able to maintain close, continuing relationships with their children going forward.

Options for Dividing Parenting Time

Parenting time, which is sometimes referred to as physical custody or visitation, refers to any time that children are in the care of either of their parents. These may include days that they stay overnight at a parent's home, or any shorter periods of time that they spend time with parents, such as evenings spent with one parent on school days.

In most cases, parents will be able to share joint custody of their children. When legal custody, which is referred to in Illinois as the allocation of parental responsibilities, is shared, both parents will be able to participate in decisions related to important issues in their children's lives, such as matters pertaining to education and medical care. However, even if legal custody is not shared, and just one parent will be solely or primarily responsible for certain decisions, both parents will usually still have the right to spend a reasonable amount of time with their children on an ongoing basis.

In Illinois, there is no "standard" parenting time schedule that is used, and there are no default arrangements that may be put in place. When negotiating a parenting plan, parents may come up with whatever arrangements they believe will provide for their children's best interests. Some options that parents may choose to put in place include:

• Equal or near-equal parenting time - If both parents have been closely involved in their children's lives and have provided care for children on a daily basis, they may want to maximize the amount of time that children can spend with each parent. To do so, they may create a schedule in which children will spend equal amounts of time in each parent's home. If 50/50 schedules will not be feasible, similar arrangements may be made to divide parenting time, and children may spend time with each parent on multiple days each week.

• Unequal parenting time - It may be beneficial for children to live primarily with one parent while spending time with the other parent regularly. These arrangements may allow children to follow consistent routines for bedtimes on weeknights and as they prepare for school in the mornings. A variety of different arrangements may be available in these situations, such as schedules in which children spend weeknights at one parent's home while alternating weekends between parents. Schedules may also allow for children to spend evenings or other times during the day with a parent, even if they will not be staying overnight in that parent's home.

• Extended visits with a parent during school vacations - In situations where parents live in different states or regions, children may need to live primarily with one parent during the majority of the year to ensure that they can attend school on a daily basis. In these cases, arrangements may be made for children to visit the other parent for extended periods of time during summer vacations, winter breaks, certain holidays, or certain weekends throughout the year.

Contact Our Hillside Child Custody Lawyer

When it comes to determining parenting time in an Illinois divorce, it is important for parents to understand how this issue is addressed in the state's laws, and how disputes may be resolved. Multiple types of arrangements can be put in place, and parents can work to reach agreements that will provide for their children’s best interests, while ensuring that they can maintain important family relationships. At Law Office of Vincent C. Machroli, P.C., our Oak Park parenting time attorney can provide guidance on how to resolve disputes between parents and create a workable parenting plan. Since 1988, we have provided effective representation to numerous clients in divorce and family law cases, ensuring that a parent's rights will be protected. Contact us at 708-449-7404 to arrange a complimentary consultation.

Sources:

https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=075000050K602.7

https://www.custodyxchange.com/topics/schedules/overview/schedule.php

https://www.ourfamilywizard.com/blog/parenting-schedules-how-pick-routine-your-family