Like many other states, Illinois no longer uses the term “custody” as it pertains to a parent’s legal relationship with their child. Instead, when parents get divorced or otherwise determine parenting arrangements, Illinois law divides what was formerly known as custody into two separate categories: parenting time and parental responsibilities. In our last blog post, we discussed the concept of parental responsibilities in detail. This blog will focus on parenting time and what parents can expect from this area of Illinois law.
Parenting time is essentially what it sounds like - the time a parent spends with a child, taking care of their daily needs, and ensuring their health and happiness. This includes feeding the child, monitoring the child’s whereabouts, keeping up with the child’s hygiene habits, making sure a child meets their educational and personal responsibilities, and any other appropriate parenting needs the child may have.
Illinois courts take the wellbeing of children very seriously, so, whenever possible, courts encourage both parents to play an active role in a child’s life. To avoid expensive and drawn-out court battles, judges will try to encourage parents to come up with a parenting agreement themselves. Parents often find mediators to be helpful when creating parenting arrangements, and both parents are more likely to be satisfied with the arrangement when they are both involved in creating it.
However, some couples simply cannot agree on child-related issues and the subject can become quite contentious. When this happens, a court may step in and make the decision for the parents. Factors the court considers include:
The wishes of each parent and their reasoning
The wishes of the child, if age-appropriate
The amount of time each parent has spent with the child in the past two years
Any previous parenting time arrangement
The relationship of the child with each parent and with his other siblings
The mental and physical health of the child and his parents
The child’s needs
The distance between parents’ homes
Any other factor that could influence a child’s wellbeing
The experienced DuPage County parenting time attorneys with Law Office of Martoccio & Martoccio understand the importance of ensuring you can spend as much time with your child as possible following a divorce. We will advocate passionately for your parental rights and work hard to position you for a favorable outcome in every area of your divorce. Call us today to schedule your free initial case review at 630-920-8855.
Source:
https://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt%2E+VI&ActID=2086&ChapterID=59&SeqStart=8675000&SeqEnd=12200000