How Much Parenting Time (Formerly Called Visitation) Will I Receive in Illinois?

DuPage County Attorneys Helping to Clarify Questions Regarding Illinois Parenting Time

The first question most parents ask when going through their divorce is: "How much time will I be allowed to spend with my children?" Our team of DuPage County attorneys at Mirabella, Kincaid, Frederick & Mirabella, LLC can help you explain what you need to know. What used to be called "visitation" is now referred to as "parenting time," and other changes have also been made to the child custody laws in Illinois. As you work to address issues related to your children during your divorce, we can help you negotiate agreements

Parenting Time in Illinois

When discussing family law cases, people often use the term "physical custody" when referring to the time children spend with their parents. Rather than designating one parent as the "custodial parent" and granting visitation time to the other parent, Illinois law refers to any time that children spend with either parent as "parenting time." This time may include days and nights when children will live in either parent's home, as well as shorter periods of time that they may spend in a parent's care.

In Illinois, there is no law providing a minimum amount of parenting time for either parent. The allotted time varies on a case-by-case basis, but there are some arrangements that are commonly used. Children may live with one parent the majority of the time, and they may spend alternating weekends with the other parent. Weekends will typically last from Friday morning until Sunday evening. In some cases, children may also spend time with a parent one or two evenings during the week to have dinner or engage in other activities.

Extended time may also be allowed for periods when the child will not be attending school, such as holidays or school breaks. Arrangements may also be made to have the children spend time with a parent on the child's or parent's birthday. Each family's specific needs are different, and parenting time schedules may be created that will fit specific situations while providing for children's best interests and ensuring that they can maintain good relationships with both parents.

When creating schedules for parenting time with the child, a family court judge will base their decisions on the best interest of the child. While coming to this conclusion, a judge will look over some of the following factors:

• The wishes of the child, depending on the child's age, maturity and education;
• You and your spouse's wishes;
• How well the child has adjusted in regards to schooling, their home, and community;
• The physical and mental health of you, your spouse, and your child;
• If either parent has any past or ongoing acts of violence against the other parent or your child; and
• How willing you and your ex are willing to encourage a close ongoing relationship between your ex-partner and the child.

Contact Our DuPage County Parenting Time Lawyers

The attorneys at Mirabella, Kincaid, Frederick & Mirabella, LLC are eager to help you with all the questions you may have about parenting time and other child custody concerns. Contact us to set up an initial consultation by calling 630-665-7300. We have helped families throughout DuPage County, Kendall County, and Kane County for generations.