Lombard Divorce and Parenting Time Attorney

Lawyers Helping Clients Create Parenting Time Visitation Schedules in DuPage County

For much of the recent past, when parents ended their marriage in divorce, one parent would typically have primary custody of their children, and the other parent would be granted visitation. However, in recent years, the laws have been updated to better reflect the nature of modern parenting, in which both parents take an active role in caring for their children. In Illinois, the time that parents spend performing care-taking functions for their children is referred to as parenting time, formerly known as visitation, and parents are presumed to be fit and encouraged to be as involved as possible in their children's lives.

At Kathryn L. Harry & Associates, P.C., we understand that every family is different. Our skilled, compassionate attorneys can work with you to help you and your spouse agree on a parenting time schedule that meets your family's needs and provides for your children's best interests.

Allocating Parenting Time in DuPage County

During divorce, parents will need to create a parenting plan which specifies a parenting time schedule for both parents, taking into account the school year, summer vacation, Christmas vacation, and holidays throughout the year. If parents are unable to agree on a parenting time schedule, the court will allocate parenting time according to children's best interests. When determining what is in the children's best interests, a judge will consider a number of factors, including:

• The parent's wishes and the children's wishes, while taking children's level of maturity into account.
• The amount of time each parent spent performing caretaking functions for their children in the 24 months prior to when the petition for divorce was filed.
• The children's needs.
• The mental and physical health of the parents and the children.
• The distance between parents' homes, as well as the parents' ability and willingness to cooperate in transporting children between their homes.
• Whether each parent is willing to encourage a close relationship between their children and the other parent.
• Whether parents are willing and able to place their children's needs ahead of their own needs.
• Whether children are in danger of abuse or physical violence during either parent's parenting time.

Restrictions on Parenting Time

Children have a right to parenting time with both parents, and once a parenting plan has been established as part of a divorce decree or judgment, one parent cannot deny the other parent's parenting time unless they believe that their children's physical, mental, or emotional health would be endangered.

A parent's parenting time can be restricted if they are found to have abused, neglected, or abandoned their child, if they have used drugs or alcohol in a way that impairs their ability to care for their child, or if they have interfered with the other parent's parenting time without cause. Restrictions can include a reduction or elimination of parenting time, a prohibition on using alcohol or drugs during a parent's parenting time, a requirement to complete a treatment program, or the requirement of supervision during a parent's parenting time.

Contact a Wheaton Divorce Attorney

Whether you are looking to reach an amicable agreement with your spouse about parenting time or you believe that restrictions on parenting time are necessary to protect your children, our experienced attorneys can provide you with the legal help you need while advocating for your rights and your children's best interests. Contact an Oak Brook divorce lawyer at 630-472-9700 to schedule a free consultation. We serve clients in Willowbrook, Downers Grove, Hinsdale, Western Springs, and surrounding areas.