Parents are bound to disagree on various issues during a divorce. In most cases, parents can come to an agreement on important issues such as allocating parenting time and decision-making responsibilities. Sometimes, the parents have to attend mediation or use some other form of dispute resolution to help them resolve their disagreements. Other times, parents are unable to come to an agreement amongst themselves, even when utilizing mediation or lawyer-assisted negotiations. In those situations, a judge will intervene to make sure the child’s best interests are protected.
Determining Parenting Time When Parents Disagree
If the court steps in to determine how parenting time should be allocated, it will do so according to the terms contained in the Illinois Marriage and Dissolution of Marriage Act (IMDMA). The goal of any court when it is dealing with child-related issues is to ensure that the parenting time schedule is in the child’s best interests. A judge uses various factors to make his or her decision. Factors used in making a decision about parenting time include:
-
What each parent wants, as far as parenting time
-
What the child wants, taking into account the child’s age and ability to express themselves
-
The amount of time each parent has spent taking care of the child in the prior two years
-
Any prior agreement or course of conduct between the parents pertaining to taking care of the child
-
The type and quality of the relationship between the child and their parents, and the child’s siblings or other household members
-
The mental and physical health of the parents and child
-
The adjustment of the child to his or her community, school, and home
-
The needs of the child
-
The distance between the parent’s homes and whether or not a reasonable parenting time agreement can be fashioned
-
Whether or not a restriction on a parent’s time with the child is appropriate
-
Any physical violence or threat of violence that the child faces either directly or indirectly in either parent’s home
-
The ability of each parent to behave amicably for the sake of the child
-
The willingness of each parent to facilitate a continuing relationship between the child and his or her other parent
Our Barrington, IL Parenting Plan Attorneys Are Here to Help
Parenting time can be a touchy subject in many divorce cases. If you and your child’s other parent do not agree on a parenting plan, you should speak with a skilled Illinois parenting plan lawyer. At Joseph M. Lucas & Associates, LLC, we can help you find a parenting time solution that checks all of your boxes. To schedule a consultation to begin discussing your case, call our office today at 847-381-8700.
Sources:
https://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt%2E+VI&ActID=2086&ChapterID=59&SeqStart=8600000&SeqEnd=12200000