Parenting time, formerly known as “visitation” or “residential custody,” is one of the most important—and often challenging—aspects of separation and divorce for families with children. Whether you’re just starting the process or revisiting an existing arrangement, the goal remains the same: to create a parenting schedule that truly works for your family. At Anderson Boback & Marshall, our Chicago parenting time and visitation attorney guides families through this process with personalized legal solutions.
Understanding Parenting Time in Illinois
Illinois law requires divorcing or separating parents to include a parenting time schedule in their Allocation Judgment, which becomes part of the final parenting plan. This schedule outlines where the children will be on weekdays, weekends, holidays, vacations, and school breaks. Courts prioritize the best interests of the child, which include maintaining stability, preserving relationships, and avoiding unnecessary disruptions.
Modern Shifts in Parenting Availability
With the rise of remote and hybrid work, many parents now have more flexibility. Parents who once spent hours commuting may now be available for school drop-offs or extracurriculars. Courts acknowledge these changes and often review the status quo parenting arrangement for the 24 months prior to filing. These modern dynamics create new opportunities for parenting time that Anderson Boback & Marshall helps clients navigate.
Parenting Time Schedule Options
There is no one-size-fits-all solution for parenting time. Some common models include:
- Alternating weekends plus weeknight dinners
- 3-4-4-3 or 2-2-5-5 splits
- Week-on/week-off schedules
- Primary weekdays with alternating weekends
- Every other day (for very young children)
Each model must reflect the child’s age, school location, social needs, and both parents’ availability.
Key Considerations for a Functional Schedule
When developing a schedule, consider:
- Geographic distance between homes and schools
- Adequacy of each parent’s housing and space
- Consistency in childcare (e.g., using the same sitter)
- Ability to co-parent respectfully and communicate
As children grow, they may want more independence and time with peers. A flexible schedule supports their social development. These are considerations Anderson Boback & Marshall incorporates into each parenting plan.
Special Schedules: Holidays, School Breaks, and Vacations
Holidays
- Alternate major holidays (e.g., Christmas, Thanksgiving)
- Include religious holidays with variable dates
- Combine holidays like Christmas Eve and Day for travel
Vacations
- Define what constitutes a “week”
- Specify whether time is consecutive or split
- Clarify school-year vacation rules
Summer
- Week-on/week-off structures
- Extra time for out-of-state parents
- Account for camps and holidays like July 4th
School Breaks & Minor Holidays
- Indicate if holidays override school breaks
- Assign minor holidays (e.g., President’s Day) flexibly
- Consider catch-all clauses for school closure days
Visit our Chicago Custody Lawyers services page to learn more
Handling Disagreements: Mediation and the Courts
Mediation is often the first step when parents cannot agree. Trained family mediators offer creative solutions that prevent court battles. If mediation fails, the court may impose a parenting time schedule based on testimony and evidence. Temporary parenting time orders can also be issued during proceedings to clarify expectations. Anderson Boback & Marshall represents clients through mediation and litigation, always aiming for the best possible outcome.
Communication Outside Parenting Time
Allocation Judgments typically include phone or video call provisions. Younger children may need parent assistance, while teens often initiate contact independently. Whether structured or flexible, Anderson Boback & Marshall ensures that parent-child communication is preserved in every plan.
Staying Flexible: Life Changes, So Will Your Schedule
Life evolves—jobs change, children grow, families relocate. A parenting plan must allow for adjustments. Using shared tools like Google Calendar helps co-parents stay coordinated. At Anderson Boback & Marshall, we encourage proactive planning to adapt to future changes.
Final Thoughts: Co-Parenting Is a Team Sport
A successful parenting time schedule depends on collaboration. By modeling healthy co-parenting, parents not only reduce stress but also demonstrate positive conflict resolution for their children. Anderson Boback & Marshall is committed to helping families create parenting schedules that support stability, growth, and well-being.
Top Questions About Parenting Schedules During Divorce
1. What is parenting time in Illinois and how is it different from custody?
Parenting time refers to the schedule that determines when a child is with each parent, including weekdays, weekends, holidays, and school breaks. Unlike legal custody, which covers decision-making, parenting time focuses on the child’s day-to-day routine and where they reside. Illinois law now uses this term instead of “visitation.”
2. Can I get 50/50 parenting time in Illinois?
Yes, Illinois allows 50/50 parenting time when it aligns with the child’s best interests. Courts consider factors like how close the parents live, their work schedules, housing conditions, and how well they communicate. Equal parenting time is possible, but it must be practical for the family’s daily life.
3. What happens if my ex and I can’t agree on a parenting schedule?
If parents can’t agree, the court typically requires mediation. A neutral mediator helps explore workable solutions. If mediation fails, a judge will decide the parenting schedule based on evidence. This can lead to less personalized results, so it’s best to resolve issues out of court when possible. Anderson Boback & Marshall supports clients through both mediation and court proceedings.
4. Can parenting time schedules be changed after the divorce is final?
Yes, parenting time schedules can be modified if there’s a substantial change in circumstances—like a new job, a move, or evolving needs of the child. The court must approve changes to ensure they still serve the child’s best interests.
5. How do courts handle holidays and vacations in parenting plans?
Courts expect parenting plans to clearly address holidays and vacations. Parents may alternate major holidays, divide school breaks, and define vacation weeks. Plans should also account for religious holidays and overlapping events.
