How Is Parenting Time Decided in Illinois Divorce Cases?

 Posted on February 25, 2019 in Divorce

When it comes to divorce cases, some of the most contentious issues that can arise are those pertaining to a couple’s children. Before you are able to conclude your divorce, the court will want you and your soon-to-be ex to submit a mutually-agreed-upon, written parenting plan. This parenting plan should contain information about parenting time schedules, who has what decision-making rights, dealing with the child’s school holidays, and other issues pertaining to the child. If both parents cannot come to an agreement on a parenting plan, the court will make the parenting plan decisions for the parents.

Determining Factors

Illinois family law courts start out with the presumption that each parent is a fit parent and that no restrictions should be placed on his or her parenting time, unless it is found that the parenting time would endanger the child’s physical, mental, moral, or emotional health. All decisions pertaining to the child need to be based on the child’s best interests. A number of factors are considered when determining parenting time, including:

• The wishes of each parent;
• The wishes of the child, taking into account the child’s age and maturity level;
• The amount of time each parent has spent taking care of the child in the past two years;
• The interaction of the child with his or her parents, siblings and any other person who would affect the child’s best interests;
• The child’s adjustment to his or her home, school, and community;
• The mental and physical health of all involved;
• The child’s needs;
• The ease of the child transitioning between parents;
• The willingness of each parent to place the needs of the child before his or her own needs;
• The ability of each parent to facilitate a loving relationship between the child and the other parent;
• Whether or not there is a history or possibility of abuse in either household.

An Oak Park, IL Parenting Time Lawyer Can Help

It is never easy to get a divorce, and especially when there are children involved. Usually, it is best for everyone if you and your spouse can come to an agreement on a parenting plan before you go to court. This can be accomplished in meetings with your spouse and their attorney or through mediation. However, in the event that you must have the judge make decisions pertaining to your child, a highly-experienced Hillside divorce attorney can greatly help you. At the Law Office of Vincent C. Machroli, P.C., we can help you protect your parental rights and your child’s interests. Call our office today at 708-449-7400 to schedule a free consultation.

Sources:

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