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How Does Visitation Work in an Illinois Divorce?

 Posted on August 27, 2021 in Child Custody

DuPage County divorce lawyerMany parents who are thinking about ending their marriage have the same concern. They wonder, “How often will I get to see my kids if we divorce?” If you are thinking about divorce and you live in Illinois, it is important to understand how the state handles visitation. It is also important to know the vocabulary Illinois courts now use to describe parenting duties. In Illinois, the term “visitation” is no longer used to describe the time that a child spends with each parent. Visitation has been replaced by the term “parenting time.” Read on to learn about how parenting time decisions are handled in Illinois divorce cases.

How Much Parenting Time Does Each Parent Get?

Parents have the right to design their own parenting plan and submit it to the court for approval. As long as the parenting plan serves the child’s best interests, the plan will be approved and formalized into a binding court order. The parenting plan contains important information about how parents will make major decisions such as where the child goes to school, as well as the parenting time schedule. Some parents decide to split parenting time nearly equally. Others create a plan in which the child lives with one parent on the weekend and the other parent on the weekdays.

What if We Cannot Agree on a Parenting Time Schedule?

When you are used to tucking your child into bed every night, the idea of going days or even weeks without seeing him or her can be distressing. Consequently, parents often disagree about how much parenting time each parent should be allotted in the parenting plan. If you and your spouse cannot reach an agreement, the first step is often to attend family law mediation and work with a mediator to reach a compromise. Your respective lawyers may also be able to help you negotiate an out-of-court decision on parenting time disputes. If you still cannot reach an agreement, the case may go to litigation.

Illinois law presumes that both of a child’s parents are capable of properly caring for the child, so both parents usually have a right to parenting time. However, this is a rebuttable presumption that may be overcome by evidence demonstrating that assigning a parent typical parenting time would endanger the child. In this case, the parent’s parenting time may be restricted in one or more ways.

Contact a DuPage County Divorce Lawyer

Parenting time disagreements can be complicated legally and personally. If you have questions or concerns about parenting time or other child custody issues in your divorce, contact a skilled Wheaton divorce attorney from Goostree Law Group. Call 630-364-4046 today for a free consultation.




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