Parenting Time (Custody & Visitation)

Parenting Time

(Custody and Visitation)

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What is Allocation of Parental Responsibilities and Parenting Time?

In Illinois, the traditional legal terms of custody and visitation have been replaced. The new terms are: 1) allocation of parental responsibilities, and 2) parenting time. The law provides that the child’s best interest shall be paramount in determining the allocation of parental responsibilities and parenting time. Due to the personal nature of parenting issues, it is encouraged for parents to reach agreements on behalf of their child(ren) rather than placing that power with a judge who has limited information regarding each family. If the parents cannot reach agreements regarding the child(ren), then the judge will make that determination(s). 

The significant issues that require an allocation of decision-making authority include: 1) education, 2) health,  3) religion, and 4) extracurricular activities. Decision making responsibility for these issues will be allocated to one or both parents. It is possible for one parent to have decision-making responsibility on one issue and the other parent to be allocated decision making responsibility on another issue. For example, Mom may be allocated educational decisions, and dad may be allocated health care decisions. It may also be that both parents will jointly share decision-making on all four of these categories.  

The child’s schedule with each parent is referred to as parenting time. A parenting plan (the document related to parenting decisions and parenting time) will not only include how decisions are allocated between the parents but will also specify a parenting schedule that details when a child will spend time with each parent on a regular basis, during vacations and during holidays. The parenting plan will also provide other aspects regarding parenting time. 

Illinois law requires a number of factors be considered in establishing a parenting plan to ensure the plan is consistent with the child’s best interests. These factors include, but are not limited to:

  • The wishes of the child, taking into account the child’s maturity and ability to express reasoned and independent preferences;
  • The child’s adjustment to his or her home, school, and community;
  • The mental and physical health of all of the individuals involved;
  • The ability of the parents to cooperate or the level of conflict between the parties;
  • The level of participation of each parent in past significant decisions or parenting time related to the child;
  • The wishes of the parents;
  • The child’s needs;
  • The distance between the parents’ residences, the cost and difficulty of transporting the child, each parents’ and child’s daily schedules and the ability of the parents to cooperate in the arrangement;
  • Whether a restriction on decision-making or parenting time is appropriate under the statute;
  • The willingness and ability of each parent to facilitate and encourage a close and continuing relationship between the other parent and the child; and,
  • The occurrence of physical violence or abuse against the child, the parents or members of the household.
A judge may also consider any other factor he or she deem relevant. As a result, the above list of factors is not all-inclusive. Every family unit and the parent-child relationships within it are unique. 

How Can The Law Offices of Donna R. Farley Help?

Donna R. Farley and her team understand that the decisions affecting children are most important during the divorce, post-divorce or separation process. Many parents struggle with how to move forward and develop a parenting plan. Donna R. Farley and her team will provide the needed assistance and guidance and will help you explore a variety of options when crafting or negotiating a parenting plan for your family. If an agreement is unable to be reached, Donna R. Farley and her team also have the experience needed to litigate parenting disputes.  
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