Children often have the toughest time working things out when mom and dad get divorced. Things are made more difficult when parents embroil themselves in child custody disputes. Between custody and visitation, a lot of tears are shed.
As for custody and visitation attorneys ourselves, we have seen how difficult such issues can be. We have also seen cases that run the gamut from very little conflict to all-out battle. It does not have to be this way. Custody and visitation do not have to be contentious issues.
Shared Parenting Time
Illinois law favors parents who share custody and visitation. Moreover, the state prefers to shy away from older terms like ‘legal custody’ and ‘physical custody’. Courts would rather talk about parental responsibilities and parenting time.
In light of that, courts are generally happy to approve shared parenting time schedules that parents work out between themselves. In the absence of such a schedule, courts are known to require mediation. The last thing Illinois courts want to do is force custody and visitation through decree.
It is assumed under Illinois law that divorcing parents will share both responsibilities and time. Likewise, courts assume that parents will always act in the best interests of their children. If not, they will intervene.
Seeking Primary Custody
The nature of divorce stipulates that one parent will end up with primary custody. This is the parent with whom the child will spend the most time. In order to gain primary custody, a parent must file a Petition for Allocation of Parental Responsibilities of Minor Child(ren) with the local circuit court.
Such a petition does not negate a couple’s plans to share both responsibilities and time. And in fact, courts hope that parents will come up with a shared parenting time schedule amenable to both, despite one parent ultimately being granted primary custody.
Common Visitation Schedules
Parents in Illinois are not bound to a specific shared parenting time schedule except when extenuating circumstances exist. Here are a few of the more common visitation schedules approved by state courts:
- 3-4 Schedule – This schedule begins with one parent having the children for three days and the other the remaining four days. Things flip the following week. With this option, parents essentially get equal time with their kids over the course of a month.
- Weekend Schedule – Some couples prefer a weekend schedule that results in a split of about 60-40. Kids will spend the week with one parent, then be picked up for the weekend by the other parent on Friday afternoon. They will be returned home on Sunday evening or taken directly to the school on Monday morning.
- Every 3rd Week – A popular schedule for parents looking to minimize how frequently children have to switch homes is to go every three weeks. Under this model, one parent has the children for two weeks while the other parent takes them for the third week. Then the schedule starts over.
Each of these three models accommodates shared parenting time most of the year. But there are exceptions to every rule, especially when holidays are concerned. It is understandable that both parents want their children on the holiday. Unfortunately, this can be, and very often is an area of contention. It really should be worked out before a divorce is settled.
Our attorneys are experts in child custody and visitation law. We would welcome the opportunity to help you in the event that you and your spouse have decided to divorce. We offer expert legal representation with the care and compassion you need during this challenging time.
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