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Schaumburg Parenting Time Lawyer

Wheeling parenting time and visitation attorney

Divorce Attorneys for Child Visitation in Schaumburg

Going through a divorce is hard enough, but when you have children, the stakes are even higher. You and your spouse will want to make sure that you can both still play an important role in your kids' lives going forward. During such a difficult time, it is crucial to have an experienced lawyer fighting for you and protecting your parental rights.

A. Traub & Associates helps divorcing parents protect their children's best interests by resolving child-related issues effectively. If you are going through a divorce, we can help ease your mind about the process and make sure that your child visitation/parenting time agreement is fair.

Parenting Time in Illinois Divorce and Child Custody Cases

In Illinois, the state's laws use the term "allocation of parental responsibilities" in regards to what is commonly known as "legal custody," and what most people refer to as "physical custody" or "visitation" is known as "parenting time." In most cases, parents are presumed to have the right to reasonable amounts of parenting time, and this right is not affected by other decisions made about the allocation of parental responsibilities. That is, even if one parent has not been allocated any decision-making responsibilities, they will still be able to regularly spend time with their children unless there is strong and compelling evidence showing that this would put the children at risk of physical or emotional harm.

The law is designed to ensure that both parents can still play an important role in their children's lives after a divorce. Parenting time agreements must be fair and reasonable, taking into account the best interests of the child. The parenting plan that is created as part of a couple's divorce decree or in a family law case involving unmarried parents will outline the details of parenting time. The parenting agreement will specify when children will stay with each parent during the school year and on holidays and vacations, detail transportation arrangements for children, and address any other important child-related concerns.

If parents cannot agree on the terms of their parenting plan, the final decisions may be left in the hands of the judge in their case. When making a decision, some of the factors a judge may consider include:

  • The desires of the parents, the children's ongoing needs, and the children's wishes (if they are old and mature enough to be able to express their preferences).
  • The health of the parents and the children, including any physical or emotional issues that may affect the parents' ability to care for children and any extraordinary needs of children that may need to be addressed.
  • The amount of time both parents have spent performing "caretaking activities" and meeting children's needs over the two years before the initiation of a divorce or child custody case.
  • Any prior plans or behaviors followed by the parents in regard to raising and caring for their children.
  • The parents' willingness and ability to prioritize their children's needs above their own desires, as well as their willingness to encourage strong, ongoing relationships between the children and both parents.
  • Issues that may affect transportation for children, including the proximity of the homes where the parents will be living and whether the parents will be willing to cooperate as they address these issues.

Most of the time, parents will not face any restrictions to their parenting time, and they will be able to spend time with their children in any location they please while engaging in the activities they believe are appropriate. However, in cases involving domestic violence, drug or alcohol abuse, or other situations where children may be at risk of harm, a parent may be subject to certain restrictions. These may include the requirement for supervised parenting time or for parents to exchange children through third parties or in a neutral location.

Contact a Schaumburg Parenting Time Lawyer

Making decisions about the time you and the other parent will spend with your children after your divorce can be difficult, but you can rest assured knowing that the family law attorneys of A. Traub & Associates are here to help. We will work with you to ensure that your children's best interests are always kept in mind, and we will do everything possible to help you reach a fair outcome for your family. Give us a call today at 630-426-0196 or contact us online to learn more about how we can help you.

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