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Parenting Time and Visitation

Compassionate Parenting Time and Visitation Attorneys in Chicago, IL

Divorcing or separating is tough, and navigating parenting time and visitation adds another layer of complexity.  At Anderson Boback & Marshall, we understand how critical it is to ensure your child’s best interests while maintaining your parental rights. Our experienced attorneys are here to help you create a parenting plan that works for everyone involved.

Factors Considered by the Court in Determining Parenting Schedules

If the parents cannot agree and turn this decision over to the court, it is often difficult to obtain a parenting schedule that will suit both parents and the child.  In Illinois, determining parenting schedule involves various factors aimed at serving the child’s best interests.  Our attorneys can help you understand and navigate these factors, including:

Parent and Child Preferences

  • The wishes of each parent
  • The wishes of the child, considering their maturity and ability to express reasoned and independent preferences regarding parenting time

Parent-Child Interaction and Time Spent

  • How much each parent has spent with the child in the 24 months before the case was filed
  • The interaction of the child with parents, siblings, and others who may significantly affect the child’s best interests

Child’s Adjustment and Needs

  • The child’s adjustment to their home, school, and community
  • The mental and physical health of both parents and the child
  • The child’s needs

Practical Considerations

  • The distance between parents’ residences
  • The cost and difficulty of transporting the child
  • Each parent’s and the child’s daily schedules
  • The ability of parents to cooperate in the arrangement

Safety and Well-Being

  • Whether a restriction on parenting time is appropriate
  • Any physical violence or threats by a parent directed against the child or other household members
  • The willingness of each parent to prioritize the child’s needs
  • The willingness of each parent to encourage a close relationship between the child and the other parent
  • Any history of abuse against the child or other household members
  • Whether a parent is a convicted sex offender or lives with one
  • The terms of a parent’s military family-care plan

Creating a fair and effective parenting schedule is vital. We’ll work closely with you to craft a plan that reflects your family’s unique needs and circumstances.

Overall Process of Getting a Parenting Time Schedule in Chicago

If the parents cannot reach an agreement for a parenting time schedule, they are required to go to mediation to come up with a schedule.  This step often has a backlog, causing delays in accessing County mediation services.  However, you can ask the court for permission to hire a private mediator, which can speed up the process.  If mediation fails, you can then request the court to hear testimony and decide on a parenting time schedule.

The court will likely appoint a Guardian Ad Litem.  This individual meets with both parties and the child, then provides recommendations based on their investigation.  In court, parents will need to testify on the sixteen factors listed and any other relevant information.  This evidence helps the court make an informed decision about the parenting time schedule.  After the trial, the court will consider the testimony and make a ruling.  This process can take several days, weeks, or even months, depending on the trial’s length, the amount of testimony, and the number of witnesses..

Types of Parenting Time and Visitation Disputes Our Child Custody Attorneys Handle

It’s common for one parent to believe the other should have restricted or limited parenting time  due to issues like mental health, substance abuse, or a history of abuse and/or neglect.  These situations require additional testimony, information, and investigation, but they can be addressed.

Another frequent issue arises when parents live in different states.  In these cases, creating a schedule involves planning for transportation and its costs.

Additionally, some parents seek a 50/50 parenting time split.  This arrangement varies for each family based on their unique schedules, routines, and needs.

Why You Need an Experienced Chicago Child Custody Lawyer to Help You with Parenting Time Plans and Issues

 An experienced Child Custody Lawyer in Chicago will guide you and help you prepare your case for court if you can’t reach an agreement.  Start early to ensure everything is ready.  Your attorney will guide you on what the court considers important and advise you on what should and shouldn’t be done and said during your case.  This preparation helps work towards the best outcome if your parenting time case goes to trial.

Anderson Boback & Marshall Family Law Attorneys Can Help You if You are Facing Parenting Time Issues

Anderson Boback & Marshall Family Law Attorneys assist Illinois parents at every stage of creating a parenting time plan.  Whether you are in mediation, starting discussions with the other parent, or working with a Guardian Ad Litem, we are here to help.

Throughout the entire process, we provide a detailed roadmap of what needs to be done, what to avoid, what to document, and what changes to make or keep.  Our goal is to work with you to determine the best outcome and develop a plan of action to achieve it.

Parenting Time & Visitation – Frequently Asked Questions

Illinois courts base parenting time decisions on what’s in the child’s best interests, considering statutory factors like the parents’ living situations, each parent’s ability to care for the child, the child’s adjustment to home and school, and the child’s preference (if mature enough) per 750 ILCS 5/602.7. For a deeper dive and practical examples, see our Best-Interest Factors in Illinois post.

To seek more time, you must show that increasing your parenting time serves your child’s best interests. This can involve demonstrating stronger involvement, a more stable environment, or addressing concerns from previous arrangements. If you are seeking to increase parenting time from what is currently set forth in a court order, then you must allege that a substantial change in circumstances such as a new work schedule, improved housing, or a healthier co-parenting relationship has occurred and that said change warrants a modification of parenting time that serves the minor child’s best interests. Without a substantial change in circumstances, a modification of parenting time is not possible.

While children’s preferences can be considered, parents must comply with court orders for parenting time. 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.

First, document every missed or late visit in writing via emails or parenting apps. If the behavior becomes a pattern, you can file a motion to enforce or a contempt petition with the court. Remedies may include compensatory make-up time, contempt orders, fines, or even adjustment of the schedule to protect your child’s stability. The more accurate your records, the more actionable your legal case becomes.

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’re 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 Holiday Parenting Tips in Illinois.

Yes, under 750 ILCS 5/602.9, grandparents, great-grandparents, siblings, or stepparents may request visitation. However, the legal bar is very high and they must show that the child would directly suffer harm without it, if one parent is deceased, incarcerated, or unreasonably denying access. These requests are evaluated under strict legal standards that prioritize the child’s emotional well-being.

While some parents resolve issues through mediation or agreement, others face repeated violations, safety concerns, or high-conflict co-parenting. 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.

Kimberly Anderson and Jessica Marshall
Anderson Boback & Marshall is here to provide the trusted legal advice in all areas of family law including dealing with parenting time and visitation issues.  Contact us today to schedule a confidential consultation and speak to one of our Chicago Parenting Time and Visitation attorneys.
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