Kane County Parenting Time Divorce Lawyer

Attorney Assisting Divorcing Parents With the Allocation of Parenting Time in Aurora and Naperville

When parents decide to divorce, they and their children often struggle to adjust to living in two different households, and new routines and schedules will need to be created to allow children to spend time with each parent while working around job requirements, school, and extracurricular activities. Decisions made during this time can have a major impact on parents' relationship with their children for years to come.

Whether you are able to work with your ex-spouse to reach a mutually agreeable compromise regarding parenting time or need to fight for your parenting time rights in court, it is important to understand how Illinois law governs the decisions made during a divorce. At Swearingen Law Offices, we work closely with our clients to make sure they understand the Illinois divorce statutes and how the law applies to their unique situation. Attorney Brad Swearingen has over 38 years of experience in family law, and he will work personally with you to provide you with the knowledge you need to help you make the right decisions during your divorce.

Allocating Parenting Time According to Illinois Statute

In recent years, Illinois statutes have been updated to reflect the modern realities of parenting. Rather than granting primary custody to one parent and "visitation" to the other parent, the statutes now allocate "parenting time" between parents, allowing both parents to continue taking an active part in their children's lives following a divorce.

Illinois' statutes state that parenting time should be allocated according to children's best interests. Parents are encouraged to reach an agreement (often through the process of mediation) about the allocation of parenting time and parental responsibility and submit a parenting plan to the court. However, if the parents are unable to agree about parenting time, the court will weigh several factors to determine what is in children's best interests, including:

• The wishes of each parent.
• The needs and wishes of children, while taking their maturity level and ability to express their preferences into consideration.
• How much time each parent spent performing "caretaking functions" (such as attending to children's nutrition, health, hygiene, development, education, safety, interpersonal relationships, discipline, and transportation) during the two years immediately before a parent filed for divorce.
• Previous agreements between the parents or the way they conducted themselves when caring for their children in the past.
• The physical and mental health of all parties, including parents and children.
• Children's relationships and interactions with their parents, siblings, and other family members and their adjustment to their home, the school they attend, and their surrounding community.
• The distance between the parents' homes and how this distance affects parents' and children's daily schedules, including the cost and difficulty of transportation.
• Each parent's ability and willingness to put their children's needs ahead of their own and encourage children to maintain a good relationship with the other parent.
• Whether children have been victims of abuse or witnessed abuse in the past, are under the threat of physical violence when in a parent's care, or if there is any other reason a parent's parenting time should be restricted.

Contact an Aurora Divorce Attorney

During a divorce, it is important to protect your parental rights and ensure that you will be able to continue acting as a strong, reassuring presence in your children's lives. At Swearingen Law Offices, we will help you understand how the law applies to your case so that you can advocate for your children's best interests throughout the divorce process. To schedule a consultation, contact a Kane County divorce lawyer today at 630-820-8877. We serve clients in Aurora, Naperville, Batavia, Warrenville, and throughout Kane, Kendall, and DuPage Counties.