What Factors Do Illinois Courts Consider When Determining Parenting Time?

What factors do Illinois courts consider when determining parenting time? Being able to answer this question is crucial for any parent working to create a parental responsibilities order in Illinois, as it can help you build a case and secure a positive outcome. Family courts in Illinois must consider a wide range of elements when making decisions on parental responsibilities, and the best interests of a child must always come first.

An experienced family lawyer from Vahey Law & Mediation, LLC, can help you better understand parental responsibility laws in Illinois and how they can impact a court’s decision. At Vahey Law & Mediation, LLC, we’ve spent years equipping families with the legal advice, representation, and resources they need to navigate complex parental responsibility cases. We understand how emotional the process can be and are prepared to guide you through every step.

An Overview of Allocating Parental Responsibilities in Illinois

In Illinois, the allocation of parental responsibilities is the process by which the court establishes a parenting plan for divorced or separated parents. “Parental responsibilities” is a legal term that has replaced “child custody and visitation” in Illinois courts.

“Parenting time” is synonymous with the now-outdated term “physical custody.” It covers the periods of time in which a parent has the duty to take care of their child’s needs and development, such as having their child physically live with them. In such times, the parent is also legally empowered to make “non-significant decisions” about their child’s life, such as what they’ll have for dinner or what chores they’ll do.

“Significant decisions”, meanwhile, are decisions that have a major, long-term impact on the child’s well-being and development. These decision-making responsibilities, formerly known as “legal custody,” can give a parent the right to make choices about the child’s healthcare, education, extracurriculars, and religious upbringing.

Factors That Are Considered When Determining Parent Time in Illinois

Allocation of parenting responsibilities most commonly occurs during contested divorces, but it may also come up during a legal separation or upon petition by an unmarried parent. Illinois has one of the lowest divorce rates in the US. According to CDC data, the state saw 1.2 divorces per 1000 residents in 2023, which was the second-lowest rate that year.

However, even with a low divorce rate, cases involving parenting time disputes occur often throughout the state. When attempting to find a parenting time arrangement that would be in the best interests of a child, Illinois family courts weigh numerous factors, including:

• Each parent’s desire for parenting time and their proposed arrangements
• The child’s preference, with consideration of their maturity and capacity to articulate their preferences
• The child’s unique needs, and whether they have special needs
• How much time each parent has spent taking care of the child in the years prior to the case starting
• The child’s relationship with each parent
• Any pre-existing parenting time arrangements
• The child’s and the parents’ daily schedules, as well as logistical concerns regarding transportation
• Whether any domestic abuse or violence has occurred in either household
• The parents’ willingness to cooperate and to encourage the child’s relationships with each other

Illinois courts are not required to allocate parenting time responsibilities equally to both parents, as they may find that an uneven distribution is in the best interests of the child. Even if they allocate decision-making responsibilities to both parents (joint allocation), this does not mean that equal parenting time will necessarily follow. It’s important to work with a skilled lawyer who can help you secure the parental rights you deserve.

FAQs

What Is a Right of First Refusal (ROFR) in Illinois?

Parenting plans where both parents have parenting time may include a “right of first refusal” (ROFR) clause. This is a legal provision stipulating that if one parent plans to temporarily give care of the child to someone else, like a daycare provider, during their normal parenting time, they first have to offer the other parent the opportunity to take care of the child. ROFRs can be court-ordered, or they can be part of a parenting plan that both parents agree to.

Can a Step-Parent Get Parenting Time in Illinois?

In most cases, only a child’s legal parents can be allocated parenting time in Illinois. However, step-parents can file a request for parenting time in certain circumstances. If at least one legal parent agrees to the step-parent having parenting time, if the child states that they prefer to continue their relationship with the step-parent, or if the court sees the requested arrangement as being in the child’s best interests, visitation may be allowed.

Can You Modify an Existing Parental Responsibilities Order in Illinois?

A court order establishing parental responsibilities in Illinois is legally binding. However, a parent may be able to have their current order modified under specific circumstances. Generally, the court may allow a parent to modify their agreement if they or their child has experienced a significant change, like a parent losing their job or a child being diagnosed with a severe illness. A child custody lawyer to help you file a petition to modify your order.

What Should You Do If Your Co-Parent Isn’t Following Your Parenting Plan in Illinois?

In Illinois, if your co-parent refuses to follow a court-ordered parenting plan, you have legal options. First, it’s recommended that you try to talk to your co-parent, if you haven’t already. Mediation services from a child custody attorney can help you negotiate with them. If this doesn’t work, you can file a petition to have your current order enforced. Enforcement allows courts to take action against your co-parent if they fail to comply with your parenting plan.

Hire a Child Custody Lawyer in Illinois: Contact Vahey Law & Mediation, LLC

When you’re making legal decisions that involve your child and their future well-being, it’s critical that you hire a child custody lawyer who has experience navigating local Illinois family courts and can protect your family’s interests. Contact Vahey Law & Mediation, LLC to schedule a consultation and learn more about our dedicated parenting time services.