Anderson & Boback Logo
50-50 parenting time in Illinois

BEWARE: 50/50 Parenting Time is Here

Published
Categorized as Child Custody & Visitation

50-50 parenting time is a reality to some judges in Illinois. They begin their analysis with “let’s give each parent 50/50 time and then review the factors to determine if that should not be the case.”  Although 50-50 parenting time is often requested and often granted, it is inconsistent with the current law’s emphasis on the best interests of children.

Illinois 50-50 Parenting Time Request Shifts the Focus Away from the Best Interest of the Child

Parents requesting equal 50-50 parenting time shifts the focus from the best interest of the children to the parents.  They are asking the court to determine what is in the parent’s best interest and not so much focus on what is in the best interest of the children or family.  Our current law very clearly and equitably allocates parenting time while protecting the best interests of children. An equal 50/50 or “one-size-fits-all approach” to parenting time is not always practical but sometimes is the best for our clients.

Anderson & Boback has successfully argued that 50-50 parenting time is simply not practical and works to show the court that it is important to focus on the specific circumstances of an individual family and not put the best interest of the children on the back burner.  As experienced divorce lawyers we’ve also successfully argued that equal parenting time is the best solution for a family when each parent needs an adequate amount of time to parent the child and not be seen as the visiting parent. No parent wants to simply visit their child, they want to take an active role in parenting their child.  This can be accomplished with 50/50 parenting time.

How Equal Parenting Time Works

When there is 50-50 parenting time there is no home base.  The children have two homes that they call their own. Parents have to understand that no matter how much you enjoy a vacation, there is always calm when you return to your own home and your own bed.

There is no place like home.  

Children with parents who are no longer together need to have the stability of one home base or if they have two, the parents have to be able to work very closely together to make each home a place of comfort and peace because trying to live between two households can be rootless and nomadic if it is not done properly.  No one wants their children to feel like they have no real home. For a child to thrive, they can’t feel like they are living in limbo. All parents want to raise their children to be productive members of society and emotionally healthy adults, so it is a must to consider a strong foundation. A strong foundation means one main home in some circumstances and dividing time equally between two homes in others.

Illinois Law Proposed Making 50/50 Parenting Time as the Starting Point

There have been changes to the Illinois Marriage and Dissolution of Marriage Act proposed to institute this 50/50 parenting time as a starting point.  This has the potential to have a far-reaching impact by creating a rebuttable presumption that it is in the child’s best interests to award equal time to each parent in every case.  This is not yet the law but some judges are of the mindset that 50/50 is where you begin the analysis.

Consult with your family law attorney if you are in a situation where the time your children spend with you is a factor in your case. It will be critical that your lawyer craft specific arguments regarding the factual circumstances of your family to either:

fit 50/50 parenting time into the law as it currently exists, or keep a ruling of 50/50 parenting time from happening. You and your children’s future may depend on it.

Contact our office today to schedule a confidential consultation about your family law matter or for guidance on Illinois’ law regarding 50/50 parenting time.

Was this information helpful?

You May Also Like

The legal term “best interests” is a concept that comes up in almost all child-related areas of family law. When making essentially any decision on behalf of a child, the court is going to look at what is best for…

Maintenance, formerly known as alimony, is a relief granted to a party in a dissolution of marriage case that equitably restores to the party a standard of living to which they became acclimated during the marriage.  For spouses going through…

Visitation interference occurs when the custodial parent in some way interferes with your ability to spend parenting time with your child or visit with them.  In Illinois, a parent has a couple of options when the other parent interferes with…

We receive inquiries regularly from parents of children in Illinois regarding whether or not they can remove their child from the state of Illinois when they are estranged from their child’s other parent.  The answer varies, depending on different situations.…

People often are confused about the difference between a Civil Union and a Domestic Partnership, and what their rights are if their partner, to whom they are not married, leaves them or predeceases them.  This blog is designed to explain…

One of the most hot-button terms in parenting cases in Cook County is “alienation”, meaning that one parent is actively seeking to keep the child from having a relationship with their other parents. The current laws on parenting favor both…

Anderson & Boback small logo

Download our Divorce Planning Guide today!

Get the information you need to prepare for divorce with our free resource Guide to Planning for Your Divorce.

What our clients are saying

Schedule a Discreet Consultation Today!

    Firm Overview
    ANDERSON & BOBACK

    Anderson & Boback is a highly-respected, experienced Chicago family law firm, skilled in negotiation and litigation. When divorce and other family law issues make your life chaotic and uncertain, you want your case resolved as quickly and fairly as possible. Call Now 312-715-0870