Disputes over child custody (or “parental responsibilities”) in Chicago, IL, can be overwhelming for parents. Even when parents do not dispute custody, drafting a mutually acceptable parenting time agreement can be challenging. You need attorneys who are skilled negotiators and seasoned trial lawyers on your side.
At KHK Family Law & Divorce Attorneys, our attorneys have over 70 years of collective experience handling family law matters. We handle all matters related to child custody and visitation (or “parenting time”). Our legal team focuses on developing a schedule that protects your parental rights and your child’s well-being.
Contact KHK Family Law & Divorce Attorneys at 872-246-9034 to schedule a free consultation with one of our Chicago parenting time lawyers.
How Our Chicago Family Law Attorneys Can Help You Resolve Visitation and Parenting Time Disputes
Parenting time is one of the most contentious issues couples face in family court. Our experienced legal team diffuses the situation and negotiates a fair parenting plan that works best for our clients and their families. If your child’s other parent refuses to be reasonable, we are prepared to take the matter to court and fight to obtain a suitable outcome for you and your child in Chicago, Illinois.
When you hire our top-rated Chicago family law attorneys, you can trust we will:
- Listen to you as you explain your situation with your children
- Analyze the issues in your custody case
- Explain the laws applicable in your case and your legal options
- Develop a strategy to obtain the parenting time plan that you desire
- Gather evidence to support your position regarding child custody and visitation
- Vigorously represent you and your child’s best interests
- Use mediation and negotiation to obtain suitable terms for visitation
- Represent you in court if a trial is the best way to achieve your goals
Our attorneys attempt to find workable solutions to complex child custody problems. Negotiating a settlement often produces a better outcome than allowing a judge to make decisions for your family.
Contact a divorce attorneys in Chicago to schedule a free case evaluation to discuss your situation with a Chicago parenting time lawyer.
Visitations Rights of the Non-Custodial Parent
A parent who is not granted custody of their child has the right to reasonable visitation with the child. The visitation schedule is based on the facts and circumstances of the case. However, it is the right of the non-custodial parent to spend ample time with their child. It is also in the best interest of the child to maintain a close, ongoing relationship with both parents.
The exception would be if a parent is unfit or visitation with the parent would not be in the child’s best interest. In that case, the court has several options. The judge can limit the visitation schedule or require supervised visitation. In the most extreme cases, judges may deny visitation for non-custodial parents.
What Does “Parenting Time” Mean in an Illinois Child Custody Case?
Illinois replaced the terms “custody” and “visitation” with “parental responsibilities” and “parenting time.” The allocation of parenting time and parental responsibilities determines how much time a parent spends with their child and allocates decision-making responsibilities to a parent.
The essential components of a parenting plan are:
- Decision-making responsibilities
- Parenting time schedule
- Transportation arrangements
- Communication guidelines
- Child support
- Dispute resolution
- Provisions for modifying the plan
Parents may allocate decision-making responsibilities to one or both parents. For example, a mother who is a medical doctor might make all decisions regarding the child’s health. The father may decide on issues related to education because he teaches at a public school.
Whether or not the parents have an agreement regarding parenting time and the allocation of responsibilities, the court will allocate decision-making and parenting time in the best interests of the child.
Types of Allocation of Parental Responsibilities in Illinois
Three basic types of allocation are used for parenting plans.
- Joint allocation: This means that parents cooperate when making decisions for their children. The child lives with the residential parent most of the time, and the non-residential parent has visitation with the child according to the parenting time agreement.
- Shared allocation: Refers to a co-parenting situation in which the parents live in the same school district, and the child spends equal time with each parent. For shared allocation to work, parents must be able to communicate effectively and resolve logistical issues.
- Sole allocation: Awards one parent the responsibility of making all decisions for the child. The other parent may still have visitation with the child according to the parenting time schedule, but the parent cannot make decisions regarding issues related to the child’s welfare.
Each of the above allocations are designed to serve the child’s best interests while addressing each family’s unique dynamics.
How Do Courts Determine the Child’s Best Interest for Parenting Time and Parental Responsibilities?
When parents cannot agree on a parenting plan, the court must decide the terms for parenting time and responsibilities. The decision is made based on what is in the child’s best interest. There are 17 factors listed in 750 ILCS 5/602.7 that judges consider when determining what is in a child’s best interest. Those factors are:
- Each parent’s wishes
- The reasonable wishes of the child
- The amount of time each parent has spent in the past 24 months caring for the child
- Prior agreements or conduct between the parents related to caretaking functions
- The relationship and interaction between the child and their parents, siblings, and other people who may affect the child’s best interest
- The child’s adjustment to the community and school
- The physical and mental health of all parties
- The needs of the child
- The distance between the parents’ residences and the cost and challenges of transporting the child between residences
- Whether it is appropriate to restrict parenting time
- Physical violence by a parent against the child or other people in the home
- The ability and willingness of a parent to put the child’s needs above theirs
- Whether a parent can encourage and facilitate a close relationship between the child and their other parent
- Occurrences of abuse of the child or other people in the home
- Whether a parent lives with a convicted sex offender or has been convicted of sex crimes
- Terms of a military family-care plan
- Other factors the court finds to be relevant to the child’s best interests
The overriding factor in child custody cases is the best interests of the child. The court will carefully consider whether parenting time with both parents benefits the child. Likewise, the court determines whether a parent can make sound decisions for a child that benefit their well-being.
Can I Modify a Parenting Plan in Illinois?
A judge’s order is final unless a change in circumstances justifies modifying the allocation of parenting time and responsibilities. Judges generally do not want to change a child’s routine or schedule if the child is doing well unless the change in circumstances is in the child’s best interest.
Therefore, the parent seeking to modify child custody arrangements must prove the judgment modification is justified by the change in circumstances and will benefit the child. Reasons that a judge may modify parenting time and responsibilities include:
- A parent remarries, and the new living arrangements may not be in the child’s best interest.
- A parent sustains an injury, becomes ill, or develops a disability that impacts their ability to care for their child.
- Economic changes, such as job loss, result in a substantial decrease in income, making a change in the child custody arrangement necessary.
- A parent relocates to another state or a substantially greater distance within Illinois.
- A parent has become unfit to care for the child.
- There is a risk of harm to the child because of a parent’s actions or inactions.
Illinois has a two-year rule for modifying final orders issued by the family court. If a parent petitions the court for modification of child custody before two years have passed, they must prove that there has been a significant change of circumstances and that the child is in imminent danger of injury or harm if the court does not immediately grant a modification.
Examples of causes for modifications include a jail sentence, a conviction for a sex crime, a domestic violence charge, or a developing drug addiction.
Schedule a Free Consultation with Our Chicago Visitation/Parenting Time Lawyers
Do you need help with parenting time and visitation issues? If so, our Chicago parenting time lawyers at KHK Family Law & Divorce Attorneys can help. Call our office to schedule a free consultation with an attorney to discuss your situation. We are here to provide you with trustworthy legal counsel.
Visit Our Divorce & Family Law Office in Chicago, IL
KHK Family Law & Divorce Attorneys Chicago Office
166 W Washington St Ste 400, Chicago, IL 60602, United States
(312) 702-0068