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.
