Parenting Time & Visitation Attorneys in Chicago

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.