Up until December 31, 2015, parents getting divorced commonly sought visitation with their children. However, significant changes has been made to the Illinois Marriage and Dissolution Of Marriage Act (IMDMA) and put into effect on January 1, 2016, eliminating the visitation statue and replacing it with parenting time. Aside from the change in terminology, there are significant differences between the old and new laws, how the new statute works, and factors affecting the determination of parenting time.
The New Parenting Time Law in Illinois
One of the most significant changes with the new Illinois law is the elimination of residential custody, in which sole custody was awarded to a single parent in a majority of cases. Now, parents are able to enjoy parenting time, as both of them play an important part in the upbringing of their children. However, the fact that the children will reside at one residence remains the same for stability purposes. Only the idea of one parenting getting the custody and other only allowed to visit the children has been changes to favor better upbringing of children.
Factoring Affecting Parenting Time
Under the new Illinois law, there are numerous factors the family court judge will have to consider before establishing and finalizing a parenting plan. Instead of giving one parent the child custody and other parent visitation rights, it is a better, more flexible approach that divides responsibilities and duties between both the parents.
The following is the list of factors that are used for determining parenting time in Illinois:
- The wishes of each parent
- The wishes of the child(ren)
- The child’s needs
- Prior agreements between the spouses
- The adjustment to child’s home, community, and school
- The time each of the parents spent taking of the child(ren) during marriage
- The interrelationship and interaction of the child(ren), siblings, and parents
- Whether restrictions are relevant and appropriate
- The physical and mental health of everyone involved
- The distance between the residences of each parent and difficulty of commute
- The inclination of each of the parents to give preference to their child(ren)’s needs
- The parent’s military care plan
- Whether one of the parents is a registered sex offender or lives with one
- The abusive actions of each parent toward the child or any other members of the household
- The threat or probability of physical violence
- Any other relevant factors that may affect the allocation of parenting time
How each of the above factors is taken into account depends on the specific circumstances of the divorcing parents. Some cases may involve shared decision making and parenting time in almost every aspect of their child’s life. On the other hand, the court may award one parent the majority of decision making and parenting time, while the other parent only given limited, supervised time with their child.
It can be difficult to understand how the new Illinois laws affect your divorce and parenting time case. If you are seeking the legal services of an experienced Naperville parenting time attorney, contact the Fitzgerald Law Firm, P.C. to schedule a free consultation today.