In 2016, Illinois officially removed the terms “custody” and “visitation” from its legal code. Under Illinois state law, the concepts are now known respectively as “parental responsibilities” and “parenting time.” In allocating parenting time, the specific circumstances of the case will always be considered- equal parenting time and is by no means guaranteed. While state courts presume a child should spend time with both parents, any parenting time split is possible. Here, our Naperville family law attorneys provide an overview of how parenting time is determined in Illinois.
Under Illinois law (750 ILCS 5/602.7), parenting time and parental responsibilities are allocated in a manner deemed to be in the best interests of the child. While the child’s needs always come first, the parents’ desires matter. Illinois courts will give parents considerable discretion to create their own parenting time agreement. If a shared parenting agreement cannot be reached, the court will allocate parenting time. Here are six of the most important factors Illinois courts consider in parenting time cases.
To be clear, there are also other factors that will be considered. The Illinois parenting time statute explicitly allows state courts to consider any issue the court deems relevant to protecting the best interests of the child. Parenting time is always determined on a case-by-case basis.
Parenting time, which was previously known as visitation, refers to the specific periods during which each parent has the opportunity to spend quality time with their child. This concept is an integral part of the overall allocation of parental responsibilities, which not only includes the distribution of parenting time but also encompasses the authority to make significant decisions regarding the child’s education, health care, and general welfare.
In the state of Illinois, the determination of parenting time is guided by a fundamental principle: the best interests of the child. When making this assessment, the court takes into account a multitude of factors. These include the child’s existing relationship with each parent, the work schedules of the parents, the child’s participation in school and extracurricular activities, as well as any documented history of domestic violence or substance abuse that may affect the child’s well-being.
A parenting plan is a crucial, legally binding document that lays out the specifics of parenting time and the division of parental responsibilities between parents. According to Illinois law, parents who are divorcing or separating are required to develop and submit a proposed parenting plan within 120 days after filing for child custody. This plan serves as a roadmap to ensure that both parents understand their roles and responsibilities in raising their child.
Yes, unmarried parents possess the same rights to request parenting time as their married counterparts. However, it is important to note that fathers must first establish their legal relationship with the child. This can be done through a Voluntary Acknowledgment of Paternity or by obtaining a court order to confirm paternity.
Yes, parenting time agreements can be modified if there is a substantial change in circumstances that impacts the child’s best interests. Either parent has the right to petition the court for a modification to ensure that the parenting arrangement continues to serve the child’s needs effectively.
In cases where parents struggle to reach a consensus on a parenting plan, they are required by law to participate in mediation. During this process, a certified mediator will facilitate discussions and guide both parents toward a mutually acceptable agreement. If mediation fails to produce a resolution, the matter will be referred to a judge, who will ultimately make a determination regarding the allocation of parental responsibilities, grounded in the best interests of the child.
While hiring a lawyer is not a legal requirement in Illinois, it is strongly advisable. Engaging a family law attorney can provide significant advantages, as they can help you navigate the complexities of state laws, advocate for your rights, and represent your interests throughout negotiations or court proceedings.
A guardian ad litem (GAL) is a court-appointed individual whose primary responsibility is to represent the best interests of the child in parenting time cases. The GAL conducts thorough investigations, gathers relevant information, and ultimately makes recommendations to the court that focus on the child’s welfare and needs.
Yes, there are circumstances where parenting time may be restricted. If the court determines that the child’s physical, mental, moral, or emotional health could be jeopardized, restrictions may be imposed. These restrictions can range from supervised visitation, where a neutral third party must be present, to limits on the frequency or duration of contact.
Parents looking for guidance on parenting time can access a variety of resources. This includes consultation with family law attorneys, utilizing mediation services, and seeking assistance from legal aid organizations. Additionally, online platforms like the Illinois Legal Aid Online website offer a wealth of information and tools to help parents better understand their rights and responsibilities regarding parenting time.
At Keller Legal Services, our Illinois family law attorneys have extensive experience handling complex parenting time cases. To set up a free, confidential review of your case, please do not hesitate to contact our firm today. From our offices in Naperville, Wheaton and Aurora, we represent parents throughout the region, including in DuPage County, Kane County, Will County and Cook County.
(Updated 3/5/2025)
