When it Comes To Matters of Visitation You Need An Aggressive Family Law Attorney On Your Side.
In times past, Chicago divorce decrees involving divorcing couples who had at least one child in common spoke of one parent as the “custodial” parent and the other as the “non-custodial” parent who was given “visitation” time. Although this language has been replaced with softer and more neutral language in recent years, these concepts are alive and well. If you and your ex-spouse had at least one child in common, issues regarding where the child will live and how often the other parent will be able to see the child must be decided.
When it has been agreed or determined that your child will primarily reside with the other parent, it is common for you to experience feelings of frustration, hopelessness, and/or anger. It is important to protect your right to exercise parenting time with the child by retaining knowledgeable and skilled legal counsel.
Children Need Time with Both of Their Parents
The law in Illinois recognizes that in most cases children need to be able to spend considerable time with and form a fulfilling parent-child relationship with both of their parents. Therefore, except in cases where one parent has abused, neglected, or endangered the child, the parent with whom the child does not primarily reside will usually be able to exercise substantial parenting time with the child. A court will give the parent parenting time based upon:
- The age of the child;
- Any physical or special needs of the child and the parent’s ability to meet these needs
- The work schedule of the parent;
- The school schedule of the child;
- In certain limited circumstances, the wishes of the child; and
- Any other relevant factor the court chooses to consider.
The court will make decisions about parenting time and other issues relating to the parties’ minor children by determining what is in the child’s “best interests.”
Can My Ex-Spouse and I Agree on Parenting Time?
Courts like to see parents working together and putting their children first. That is why if you and your ex-spouse are able to agree on a parenting time schedule and/or decide with whom the child will primarily reside, a court is very likely to honor these decisions and enter appropriate orders memorializing your agreement. Situations where a court may not follow your agreement include:
- Where your agreement awards one parent considerably more parenting time;
- Where it appears that the agreement was reached as the result of fraud, duress, or unfair coercion; and
- Where it appears to the court that the agreement reached is not in the child’s best interests.
Where to Turn for Chicago Parenting Time Help
The dedicated team of Chicago divorce and custody attorneys at Arami Law Office are here to help parents achieve the maximum amount of parenting time possible. We will work with you, your ex-spouse, and the court to achieve a parenting time plan that recognizes your right to be a part of your child’s life. If a court has already entered parenting time orders in your Illinois divorce case, we may be able to have the court modify those orders and award you greater parenting time. Learn how we can help you during your free initial consultation: call the Arami Law Office at (312) 212-1399 or contact us online for assistance..