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Wakenight & Associates, P.C.

707 N. York Street, Suite 201, Elmhurst, IL 60126

DuPage County | 630-852-9700

Mokena | 815-727-6144   Oak Park | 708-848-3159

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How Is Parenting Time Decided in an Illinois Divorce Case?

Posted on in Child Custody

DuPage County divorce parenting time lawyerWhen spouses with children enter the divorce process, many important legal matters must be settled. Among these is child custody (known as the allocation of parental responsibilities in Illinois), as well as the child visitation schedule parents will adhere to once the divorce decree is finalized.  

the time children spend with each parent is officially called parenting time in Illinois, and it can be determined through negotiation and agreement between divorcing spouses, or it can be decided by the court when a couple cannot reach a mutual arrangement. A judge will consider various factors when making a parenting time determination. 

Creating a Parenting Time Schedule

In 750 ILCS 5/602.7(a), Illinois law says if parents are unable to reach a visitation agreement, a judge must create a parenting plan in accordance with the child or children ’s best interests. In doing so, the judge will make decisions based on these factors:

  1. What the parents want regarding parenting time.
  2. What the child wants, depending on their maturity level and ability to make reasoned choices regarding parenting time.
  3. How much time the parents performed care taking duties in the previous two years or since a child’s birth (if the child is two years old or younger).
  4. Any previous care taking arrangements between the parties.
  5. A child’s interaction and relationship with their parents, siblings, or other significant individuals.
  6. A child’s personal attachment to their residence, school, and community.
  7. the overall physical and mental state of all parties.
  8. What the child needs.
  9. the distance between parents’ homes, transportation complications, the child’s schedule, and the level of cooperation of the parents.
  10. Whether it is necessary to place a restriction on a parent’s parenting time.
  11. Any violence or threat of violence by a parent against the child or other household member.
  12. the ability of the parents to put the child’s needs first.
  13. the parents’ willingness to encourage and foster a continued close relationship between the child and their other parent.
  14. Whether abuse toward the child or another member of the household has occurred.
  15. If a parent is a convicted sex offender or resides with one, as well as the nature of the offense and subsequent treatment. 
  16. A completed plan for parenting during U.S. Armed Forces deployments.
  17. Any other factor the court finds relevant. 

Contact an Elmhurst divorce attorney  

If you can reach a parenting time agreement with your soon-to-be ex-spouse, it can save a great deal of time and money in your divorce case. However, when that is not possible, an experienced Hinsdale divorce lawyer can aggressively pursue a plan that protects your children ’s best interests while ensuring that you can maintain a good relationship with them. Call our office at 630-852-9700 for a free consultation. 

Sources:

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2086&ChapterID=59&SeqStart=8300000&SeqEnd=10000000

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