Arlington Heights, IL Parenting Time Lawyers

Experienced Attorneys Advocating for Your Child Visitation Rights in Arlington Heights, Illinois

Your divorce represents a huge change for your family, and you probably have concerns about how your children will be affected by this upheaval in their lives. You will 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 and experienced attorney on your side.

At A. Traub & Associates, we work with parents in divorce and child custody cases to resolve child-related issues in a ways that are beneficial for everyone involved. We can help you understand your rights and the best steps to take during your family law case to make sure that your children will be able to have the time with you that they deserve.

Parenting Time and Visitation in Illinois

Most people are familiar with the concepts of "custody" and "visitation" for children of divorced parents. However, Illinois law no longer uses these terms, and it recognizes the fact that both parents play an important role in raising children, regardless of whether they are married, separated, divorced, or unmarried.

Instead of using the term "visitation," Illinois law refers to "parenting time," which includes the time that both parents spend caring for their children. This 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 (also known as legal custody).

When a married couple who have children together gets a divorce, or when unmarried parents break up, they will need to create 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, while also detailing 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 you and your ex cannot reach an agreement, a family court judge may make the final decisions about how to allocate parenting time. The judge will focus on finding solutions that will protect the best interests of your children. 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 in the children's lives.
• The time that each parent has spent providing care for their children during the 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 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 restrictions on a parent's parenting time will be appropriate. 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 Our Arlington Heights Child Parenting Time Attorneys

During your divorce or family law case, 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 the other parent. A. Traub & Associates can provide you with the representation you need during the legal process, helping find solutions that will meet your family's unique needs. Contact us at 847-749-4182.