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Rolling Meadows Parenting Time Lawyer

Wheeling parenting time and visitation attorney

Divorce Attorneys for Child Visitation in Palatine and Mt. Prospect

Your divorce represents a huge change for your family, and you probably have concerns about how your children will be affected by this upheaval to their lives. Both you and your ex-spouse will likely want to preserve your relationships with your children and ensure that you can continue to play a primary role in their lives. In order to protect your parental rights during your divorce, it is essential to have a skilled attorney on your side.

At A. Traub & Associates, we work with divorcing parents to resolve child-related issues in a way that protects children's best interests. We can help you understand your rights and the best steps to take during your divorce to make sure that your children will be able to have the time with you that they deserve.

Parenting Time Under Illinois Law

Most people are familiar with the concepts of "custody" and "visitation" for children of divorced parents. However, Illinois law no longer uses these terms. In 2016, the Illinois Marriage and Dissolution of Marriage Act was revised to better address the nature of modern parenting and recognize the fact that both parents play an important role in raising children, regardless of whether they are married, separated, divorced, or unmarried.

Under the new law, the term "visitation" was replaced with "parenting time," and it refers to the time that both parents spend caring for their children. This change in terminology acknowledges that the time children spend with each parent is important. The law also states that parents are presumed to be fit and able to care for their children, and they are entitled to reasonable amounts of parenting time, regardless of the decisions that are made about the allocation of parental responsibility (formerly known as child custody).

When a couple has children together, their divorce decree will include a parenting plan that will specify how parenting time will be divided. This will include schedules for where children will stay on a day-to-day basis, as well as how special days such as holidays or school vacations will be divided. The parenting plan may also include information about children's transportation arrangements, rules that should be followed (such as appropriate disciplinary procedures for children), and any other issues that parents want to address.

Parents are encouraged to work together to create a parenting plan, and they may do so through methods such as negotiation or mediation. However, if they are unable to reach an agreement, a family court judge may make the final decisions about how to allocate parenting time, and these decisions will be based on what is in children's best interests. A judge may consider a number of factors in these cases, including:

  • The parents' and children's wishes, the needs of the children, and the physical and mental health of everyone who is involved.
  • The time each parent spent caring for their children within the last two years before a parent filed a petition for divorce or for the allocation of parental responsibilities.
  • Previous agreements or conduct between the parents regarding care for children.
  • Whether each parent is willing and able to put their children's needs ahead of their own and to encourage their children to have a close relationship with the other parent.
  • The amount of distance between the parents' homes, the difficulty involved in transporting children during their daily schedules, and the parents' ability to cooperate in doing so.

In some cases, a judge may determine that a parent's parenting time should be restricted. This may include limiting the amount of parenting time or requiring that supervision be present. Typically, this will only be done if evidence is presented showing that children's physical or emotional health would be at risk during a parent's parenting time. Restrictions may also be appropriate if a child has experienced or witnessed domestic violence or abuse in their household or if a parent is a convicted sex offender.

Contact an Arlington Heights Child Parenting Time Attorney

During your divorce, you will want to be sure your children's best interests are protected when making decisions about the time they will spend with you or your ex-spouse. A. Traub & Associates can provide you with the representation you need during the divorce process, helping you reach an outcome that will meet your family's needs. Contact us today at 847-749-4182. We represent divorcing parents throughout Northwest Cook County, including Mount Prospect, Palatine, Arlington Heights, Rolling Meadows, Inverness, Schaumburg, Wheeling, Elk Grove Village, Hoffman Estates, Long Grove, Des Plaines, and Buffalo Grove.

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