When you are going through a complicated or contentious divorce, the last thing you want is to continue in a difficult legal battle with your spouse about parenting time and how you both will play a role in your child’s upbringing. Yet, when there are minor children from the marriage, it is essential to allocate parental responsibilities—including parenting time—in a divorce proceeding.
Under the Illinois Marriage and Dissolution of Marriage Act (IMDMA), parental responsibilities include both significant decision-making responsibilities (formerly known as “legal custody”) and parenting time, which includes caretaking functions and non-significant decision-making responsibilities (formerly known as “physical custody” and “visitation”). Have you been searching for a “parenting time attorney near me” to help with your case? An experienced Chicago parenting time lawyer at Arami Law can help.
The “Best Interests of the Child” Standard for Parenting Time in Chicago
Parenting time is allocated in Illinois according to the “best interests of the child” standard. Whether the parents work together to create a parenting plan in which parenting time is allocated or the court allocates parenting time when the parents can not agree, the schedule and design of parenting time must be in the child’s best interests.
The statute specifically outlines a number of factors to consider in determining what is in the best interests of the child for the purposes of allocating parenting time. Those factors include but are not limited to the following:
Wishes of both parents (if they are both seeking parenting time);
Wishes of the child, assuming that the child is mature enough and capable of expressing an independent preference;
Amount of time that each of the parents performed caretaking functions in the two years prior to the allocation of parenting time;
Prior agreement between the parents concerning caretaking functions and responsibilities for the children;
Child’s interaction and relationship with each of the parents;
Child’s interaction and relationship with anyone in addition to the parents that could affect whether parenting time is in the child’s best interests;
Child’s current adjustment to home, school, and community;
Mental and physical health of both of the parents;
Mental and physical health of the child;
Child’s specific needs;
Distance between the parents’ current residences;
Difficulty involved in transporting the child between the parents’ current residences;
Willingness of each of the parents to place the child’s needs above his or her own;
Willingness of each of the parents to encourage a relationship between the child and the other parent, and to facilitate this ongoing relationship;
History of physical violence or threat of physical violence from either parent or in either of the parent’s homes;
Whether abuse has occurred against the child or another member of the household;
Whether one of the parents is a convicted sex offender;
Whether a restriction on parenting time might be appropriate; and
Any other factor that the court decides is relevant.
Learn More from a Parenting Time Lawyer Near You in Chicago
Developing a parenting plan that is in the best interests of the child can be complicated, but aparenting time lawyer near you in Chicago can help.Contact Arami Law to speak with an advocate about your family’s situation.
Attorney Advertising. This information is designed for general information only. The information presented should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. Past results and testimonials are not a guarantee, warranty, or prediction of the outcome of your case, and should not be construed as such. Past results cannot guarantee future performance. Any result in a single case is not meant to create an expectation of similar results in future matters because each case involves many different factors, therefore, results will differ on a case-by-case basis.