Illinois has enacted many changes to divorce and family laws in recent years. Child custody is now broken down into two main categories: A parent’s right to make decisions about his or her child’s education, healthcare, and other vital issues is referred to as “parental responsibilities.” The time that a parent spends directly caring for his or her child is called “parenting time.” Read on to learn more about parenting time in Illinois.
Parenting Time Schedules and Parenting Plans
Divorced parents are required to draft a parenting agreement or parenting plan. The plan contains important information about how the parents will divide parenting time and responsibilities. Some parents alternate weeks or months which their children. Others use a 2-2-3 schedule in which the children switch homes every two days and parents alternate who has parenting time on the last three days of the schedule. Sometimes, one parent has the child on weekdays, and the other parent has the child on the weekends.
If parents can agree to the terms of the parenting plan, they can submit one parenting plan to the court for approval. If they cannot agree, each parent can submit his or her own plan to the court and allow the court to make the final decision.
Restrictions on Parenting Time Due to Safety Concerns
If a parent’s behavior endangers a child’s wellbeing, the court may order a parenting time restriction. For example, if a parent has a substance abuse problem, the court can order the parent to abstain from substances during and immediately prior to parenting time. In some cases, the court orders a parent to attend drug or alcohol treatment as a condition of parenting time.
Sometimes, Illinois judges require that parenting time is supervised. In extreme cases, a parent may lose his or her right to parenting time entirely or only be allowed a limited amount of parenting time.
Child Support and Parenting Time
The parent with the majority of the parenting time is the parent who pays child support to the other parent. Child support obligations are based on the parents’ net incomes. In most cases, the amount of parenting time does not affect child support payments. However, if the parents have a shared parenting arrangement, meaning each parent has the child for more than 146 overnights a year, parenting time may influence the amount a parent pays in child support.
Contact a Wheaton Parenting Time Lawyer
Whether you want to establish a parenting plan for the first time, modify your parenting plan, seek a parenting time restriction, or have other child custody issues, contact NN Legal Group for help. Our Glen Ellyn child custody attorneys can provide the legal guidance you need. Call 630-474-0925 for a free consultation.