Are Parenting Time and Parenting Plans Different for an Infant?

 Posted on May 29, 2025 in Family Law

Getting divorced is difficult under most circumstances, but when but when an infant is involved, the allocation of parental responsibilities, parenting time, and parenting plans becomes exponentially more complex. Not only are parents adjusting to a newborn and perhaps being parents for the first time, but they are also going through the stress of a divorce.

Determining parenting time will depend on many different factors, not the least of which is whether the mother is breastfeeding. Although an infant’s needs are relatively basic, they are equally critical to the health and well-being of the child. Developmental needs, consistency, and time with both parents must all be considerations when creating a parenting time schedule.

If you are divorcing your spouse soon after your child is born, it is important that you have compassionate, experienced legal counsel in the form of a Wheaton, IL family law attorney. Your attorney can help you craft a parenting time schedule and parenting plan that will change and adapt with your child.

Which Type of Parenting Time Schedule Should You Choose?

Depending on whether the mother is breastfeeding and each parent’s level of comfort with infant care, parents may choose either a conventional shared parenting plan or a progressive one. The conventional shared parenting plan divides parenting time (50/50, 60/40, 70/30) from the time of the divorce, regardless of the infant's age.

This is a common approach for parents with older children, but it is generally not advisable to have overnights until the infant is closer to three years old or at least until the child is weaned. A progressive parenting plan is sometimes known as a "step-up parenting plan, which gives one parent (usually the mother, especially if she is breastfeeding) the majority of parenting time, particularly overnights.

The other parent has regularly scheduled "drop-ins" throughout the day, so the baby also bonds with that parent. Over time, the non-custodial parent will get more and more time with the child until the goal of 50/50, 60/40, 70/30, or whatever the parents have chosen is put into place.

The success of the progressive plan will hinge on:

• Whether the infant is breastfeeding
• Whether the mother can store milk
• How close the parents live to one another
• The mother’s physical and mental health
• Whether the parents have jobs and how demanding those jobs are time-wise
• How much leave each parent has
• The level of confidence the parents have in one another’s ability to care for the infant.  

Other Considerations for Parenting Time and Parenting Plans for Infants

Consistency is crucial for infants; extended separations from the mother at an early age can impact the infant’s development, leading to stress and anxiety in the mother. While most parents think there is no harm in arguing with one another in front of the baby, research has shown that this is simply not true. Conflict early on in a baby’s life harms his or her emotional and mental development.

Unfortunately, parental work schedules and how much time they are able to take off from their jobs impact these early decisions regarding parenting time. There are no laws in the United States that guarantee parental leave. While some employers may offer from three weeks to three months of maternal leave, it is often unpaid. Fathers are even less likely to be given leave for the birth of a baby.

Taking unpaid leave can be good for the baby, but it can lead to financial stress, which ends up not being good for the parents or the baby. The ultimate goal is to be mindful of the infant’s needs while allowing each parent time to bond with the baby.

Contact a DuPage County, IL Parenting Time Lawyer

A consistent schedule and stable environment are the hallmarks of a good parenting time agreement for an infant. A knowledgeable Wheaton, IL parenting time attorney from Mirabella, Kincaid, Frederick & Mirabella, LLC can make a significant difference in how parenting time is allocated. MKFM Law serves family law clients at its DuPage, Kane, and DeKalb County offices. Call 630-665-7300 to schedule your initial attorney meeting.