New Illinois Parenting Time Guidelines
By: Gordon & Perlut, LLC
Mothers and fathers are both considered equal partners when it comes to parenting their children. Both the mother and father are important to a child’s life, especially following a divorce. When parents decide to end their marriage, they must consider many settlement matters including where children will reside and how visitation will take place for the other parent. These issues can be extremely emotional but there are laws in place in Illinois to guide parents through this difficult time. Chicago child custody attorneys will assist you in resolving issues that involve your children during a divorce.
Parental Responsibilities
Parental responsibilities are those matters that parents share in the rearing of their children after a divorce. The term “parental responsibilities” is now preferred over the words “custody” and “visitation.” Generally, both parents have the responsibility to provide for their children and they both have the right to spend time with them.
Both parents are typically allowed to spend ample time with their children barring any matters that are considered immediate threats to the health and well-being of the child. The Illinois Marriage and Dissolution of Marriage Act (IDMA) includes legislation that governs the guidelines for divorce. The laws continue to evolve and change and have undergone several modifications in recent years.
Parenting Plan
Parents work together to create a parenting plan that is fair to both parents and meets all the physical, emotional, and other needs of the child, and is in that child’s best interest. The parents can come to an agreement in regards to how to handle the many issues regarding their children following a divorce. It is helpful to seek guidance from qualified Chicago child custody attorneys.
Your lawyer will assist in resolving disputes in order to create a parenting plan with which both parents can agree. In cases where the parents cannot agree, the judge will make a final determination. Keep in mind that the courts always make decisions that are in the best interest of the child.
Spending Time with Your Child
Parents often have the need to place the care of their child with another person while they work or when they go out of the home. A parent with primary custody often utilizes a babysitter to care for the children when they are not available.
Now, Judges will generally allow the non-custodial parent the ability to spend time with their child rather than obtaining another caregiver. The parent must first ask the other parent whether they would like to use the time to be with their child. The non-custodial parent has the first right of refusal and may elect to spend time or not depending on their own current availability.
This emphasizes the concern that both parents should spend time with their children. The law recognizes that the child may spend time with the other parent when the primary custodial parent is not home.
Relocating with a Child
Many times, a parent needs to move away from their current residence and wish to take their child along. Recent changes are stricter in regards to relocation. Previously, a parent with primary custody could relocate anywhere within the state of Illinois without having to obtain court permission.
Now, parents must obtain approval prior to moving based on the particular rules of the county in which they reside. In Cook County and other Illinois counties, the court must provide approval for any move that is more than 25 miles. The court will provide temporary custody until a final determination will be made.
Contact Our Chicago Child Custody Lawyers
Parenting time can be challenging and difficult to resolve between parents. Experienced Chicago child custody attorneys are here to help make the process easier and less stressful for you and your family. Contact our legal team at Gordon & Perlut, LLC today at (312) 360-0250 for a free phone consultation.