Chicago Parenting Time & Visitation Attorneys

Illinois courts decide parenting time by the child’s best interests. They weigh statutory factors that include each parent’s living situation and ability to care for the child, the child’s adjustment to home and school, and the child’s preference if mature enough, under 750 ILCS 5/602.7. For a deeper dive and practical examples, see our Best-Interest Factors in Illinois post.

A substantial change in circumstances is the usual basis, but Illinois law also allows modification without one in limited situations, including when the parents have followed a different arrangement for at least six months, when the change is minor, or when the parents agree.

No. A child generally cannot refuse court-ordered parenting time on their own, and both parents must follow the order. Courts may explore underlying reasons like anxiety or fear, and can involve child specialists before deciding whether modification is appropriate. A child’s consistent refusal can trigger a review, but courts will carefully weigh whether the refusal stems from genuine concern, parental alienation, or developmental maturity.

If your parenting time is being denied without court approval, start by documenting each missed visit in writing. Avoid confrontations. You can then file a motion to enforce parenting time or a contempt petition with the court. Judges may award make-up time and monetarily sanction the noncompliant parent if the denials are intentional or repetitive.

Yes. Illinois allows you to seek a modification of parenting time if there has been a substantial change in circumstances. Examples include job relocation, shifts in the child’s needs, or significant improvements in a parent’s lifestyle. The court evaluates whether there is a substantial change in circumstances and whether the proposed changes are in the child’s best interests.

To request a change in the parenting time schedule, you must show a “substantial change in circumstances”, such as relocation, job change, or your child’s evolving needs. If you are planning to move, Illinois has specific relocation guidelines, review them on our Child Relocation Services page to understand your rights and the notice requirements.

Yes. If parents are unable to agree on a schedule, the court will step in and issue a structured parenting time order. Judges typically rely on evidence, the best interest factors, and sometimes recommendations from child professionals to create a clear, consistent schedule that minimizes conflict and promotes stability for the child.

If there are valid safety concerns such as domestic violence, substance abuse, or neglect you can file an emergency motion to restrict or suspend their parenting time. The court may issue a temporary order, investigate the claims, and determine whether supervision or suspension is appropriate. Documented evidence and timely legal action are critical.

Supervised parenting time may be ordered when there’s concern for a child’s safety due to past abuse, threats, or instability. You can petition the court directly for supervised parenting time for the other parent, or request an investigation into the reasons for supervised parenting time through a guardian ad litem or therapist. The court may appoint a professional agency or trusted third party as a supervisor after reviewing the facts.

Holiday and summer schedules often differ from regular parenting plans. Illinois courts commonly encourage alternating holidays or dividing breaks to keep time fair. Most parents include a separate holiday schedule, summer, spring and winter break schedules in their parenting agreement. For help planning your schedule, read our managing holiday parenting time in Illinois.

Yes, under 750 ILCS 5/602.9, grandparents, great-grandparents, siblings, or stepparents may request visitation. However, the standard is demanding: the person seeking visitation must show that a parent is unreasonably denying it and that the denial causes the child undue mental, physical, or emotional harm, and must fall within a qualifying situation such as a parent who is deceased, has been missing for at least ninety days, is legally incompetent, is incarcerated for at least ninety days, or where a dissolution or similar proceeding is pending or concluded. These requests are evaluated under strict legal standards that prioritize the child’s emotional well-being.

Not always, but a lawyer helps in the situations that matter most. An experienced family law attorney can help you enforce your rights, modify your plan, or protect your child’s safety. Legal guidance ensures you comply with court rules and present your case effectively.

Since 2016, Illinois law uses the term parenting time for the time a parent spends with their child. It replaced the older terms custody and visitation. Visitation now refers to time granted to non-parents, such as grandparents or stepparents, under 750 ILCS 5/602.9. The change is more than wording. Both parents have parenting time, allocated on the child’s best interests. Neither parent is labeled the visitor.

No. Illinois law does not presume any particular schedule, including 50/50. Courts allocate parenting time case by case under the best-interests factors in 750 ILCS 5/602.7. That said, most schedules follow recognizable patterns, from alternating weeks to alternating weekends with a midweek visit. Holiday and school-break time is usually addressed separately from the regular rotation.

Establish legal parentage first, either by signing a voluntary acknowledgment of paternity or through a court order. Once parentage is established, you can petition for allocation of parenting time and parental responsibilities. The court then applies the same standard it uses in divorce cases: the best interests of the child. At Anderson Boback & Marshall, we regularly handle parentage and parenting time allocation together for unmarried parents.