Parenting Time
What is the difference between parenting time and parental responsibilities?
Illinois law no longer uses the term "custody." Parenting time refers to the physical schedule — when your child is with each parent. Significant decision-making responsibilities refers to authority over major areas of your child's life, including education, healthcare, religion, and extracurricular activities. Courts address these separately, and one parent can have more parenting time while both share decision-making authority, or vice versa.
How does an Illinois court decide how to allocate parenting time?
Illinois courts base parenting time decisions on the best interests of the child. Judges consider factors including each parent's relationship with the child, the child's adjustment to home and school, the willingness of each parent to support the other's relationship with the child, any history of domestic violence, and — depending on the child's age — the child's own preferences.
What does a Guardian ad Litem do?
A Guardian ad Litem (GAL) is an attorney appointed by the court to represent the best interests of the child — not either parent. The GAL investigates the family situation, interviews the parents and child, reviews relevant records, and makes a recommendation to the court about parenting arrangements. A GAL is not the child's personal attorney; their obligation is to the child's best interests as they independently assess them. Their recommendation carries significant weight with the judge.
Can parenting time be restricted?
Yes. Illinois courts can restrict a parent's parenting time if unrestricted access would seriously endanger the child's physical, mental, moral, or emotional health. Restrictions can range from supervised parenting time to a complete suspension of parenting time depending on the circumstances. Common triggers include substance abuse, domestic violence, chronic instability, or repeated violations of the existing parenting order.
Can parenting orders be modified later?
Yes. Illinois courts can modify parenting time when changed circumstances make a modification necessary to serve the child's best interests, and parenting time is not subject to a two-year waiting period. In some situations, including minor modifications, a court may modify the plan without a showing of changed circumstances. Changes to significant decision-making responsibilities are different. A motion to modify decision-making generally cannot be filed within two years of the original order unless the court allows it based on a showing of serious endangerment. Common grounds for modification include a parent's relocation, a significant change in the child's needs, or a breakdown in the existing parenting schedule. We handle modifications with the same strategic preparation as initial proceedings.
What happens if my co-parent isn't following the parenting schedule?
If the other parent is violating a court-ordered parenting plan, you can file a petition for rule to show cause (also called a contempt petition) in the circuit court. A judge can order makeup parenting time, impose fines, modify the existing order, or in serious cases, hold the non-complying parent in contempt of court. It's important to document violations carefully before filing.
Do Illinois courts favor mothers over fathers in parenting time decisions?
No. Illinois law explicitly requires courts to allocate parenting time without regard to the gender of the parent. Fathers and mothers are on equal legal footing. The determining standard is always the best interests of the child, not the sex of the parent requesting time.
What happens if you and the other parent cannot agree on a parenting plan?
If you and the other parent cannot reach an agreement, the court can step in. Mediation may help first if it is ordered or if both sides agree to use it. If mediation does not resolve the dispute, a judge decides the parenting plan based on your child’s best interests. If safety is an issue, mediation may not be appropriate. You need a plan that works in practice, not just on paper.