Barrington Parenting Time Attorney

In 2016, for the first time in more than 40 years, major changes were made to the Illinois Marriage and Dissolution of Marriage Act (IMDMA). Although these amendments covered a wide range of topics and issues, one of the most significant revisions involved a change in how the courts view child custody. According to the revised version of the IMDMA, parents in Illinois are no longer granted custody over a child, but instead, are awarded parenting time and decision making authority.

If you are considering divorce and have concerns about how parenting time will be divided between you and your spouse, it is critical to speak with an experienced Barrington parenting time attorney before moving forward with divorce proceedings.

Important Factors

Unlike many states, Illinois does not have a standard parenting time schedule. Instead, courts are encouraged to create a plan that specifically addresses the needs of each family by evaluating the following factors:

• The wishes of each parent;
• The wishes of the child, if he or she is deemed mature enough to have a reasonable preference;
• The amount of time that each parent spent performing child care-related functions over the past two years;
• The child’s relationship with each parent and any siblings;
• Whether the parents entered into a prior agreement related to caretaking responsibilities;
• The child’s level of adjustment to his or her home, community, and school;
• The mental and physical health of both parents and the couple’s children;
• The child’s specific needs;
• The distance between the parents’ homes;
• The cost and difficulty of traveling between the residences based on the parties’ daily schedules and the parents’ ability to cooperate with each other;
• Whether there is a history of domestic abuse or physical violence in the family; and
• Each parent’s willingness to place the needs of the child above his or her own and to facilitate a close relationship between the child and the other parent.

It is important to note that it is possible for parents to come up with their own parenting plan, including a time-sharing schedule. As long as the out-of-court agreement is approved by the court, then the parent’s plan can go into effect. In fact, parents are actually required to file a proposed parenting plan with the court within four months of the commencement of the case regarding the allocation of parental time and responsibilities. The parties have the option of filing different parenting plans or can file an agreed-upon plan together. Couples who fail to submit a parenting plan to the court place the responsibility for dividing parenting time squarely with a judge.

Call Today for Legal Advice

To schedule a consultation with an experienced and compassionate Barrington parenting time attorney, please contact the SAM LAW OFFICE LLC at 847-255-9925 today.