Splitting a family apart may be the only way parents can ensure their children can have a stable and peaceful future. While a divorce can also provide ex-spouses peace of mind, the wellbeing of their children is prioritized by the court in Illinois. This includes determining parenting time, i.e. how much time the children should spend with each parent post-divorce.
At this point, it is important to realize the state has replaced the term ‘child custody’ with ‘parental responsibilities.’ The new term is more appropriate in allocating responsibilities fairly and ensuring both parents are held accountable for the welfare of their children.
Here are some factors that you need to know about how this time is allocated and planned:
Parents Need to Create A Parenting Plan
While both spouses can come to an agreement when it comes to parenting time and responsibilities, they must make it official by creating a Parenting Plan. This plan will include days each of them will have the children and who will be responsible for making major decisions on their behalf (religious, educational, etc).
This includes the hours the non-custodial parent can spend with the children. However, the time can be challenged by the court – if it is against their best interests or harmful to them. In that case, the plan will be rejected whether the custody is joint or sole.
Courts Can Restrict Parenting Time
Before House Bill 4113 was passed, parenting time could be restricted by the custodial spouse for the other parent at their discretion. However, if the court believes a spouse can harm the children and have enough parenting time to do so, their time will be reduced to protect the children. For extreme cases, the parent may be prohibited from contacting the children completely.
In case the parents are unable to come to an agreement regarding parenting time, the court has to intervene and act as mediation. At this point, it will decide the hours each parent will have with the children and the responsibilities they will have to fulfill. A temporary guardian may also be appointed for them to protect their best interests.
The Fitzgerald Law Firm in Naperville, IL can appoint an attorney to your case to ensure that your parenting time and rights are not violated via personalized representation. Get in touch with us for a free consultation today.