practice areas
Chicago Parenting Time Attorney
Schedules, restrictions, enforcement, and modifications, built around what works for your child.
Divorce Ends a Marriage, Not Your Role as a Parent
When a relationship ends, the parenting relationship continues. How time is divided between households, who has the children on school nights, weekends, holidays, summers, and birthdays, shapes your child's daily life and your relationship with them for years to come.
​
Parenting time disputes are among the most emotionally charged matters in family law. They're also among the most consequential. The schedule established now becomes the framework your family lives inside.
What Parenting Time Means in Illinois
Illinois no longer uses the term "custody." Since 2016, Illinois law uses "parenting time" to describe the schedule that determines when each parent is physically with the child. The change in terminology reflects a broader shift in how Illinois courts approach these matters: both parents are presumed to have a meaningful role in their child's life, and the goal is a schedule that supports that for both.
​
Parenting time is distinct from parental responsibilities, which covers decision-making authority over education, healthcare, religion, and extracurricular activities. A parent can have significant parenting time while sharing or having limited decision-making authority, and vice versa. The two issues are related but separate, and they are often negotiated independently.
​
Illinois courts determine parenting time based on the best interests of the child, a multi-factor standard that considers the specific circumstances of your family rather than applying a one-size-fits-all formula. No single factor controls the outcome. Courts look at the totality of the circumstances with one question at the center: what arrangement genuinely serves this child?
The wishes of each parent
The wishes of the child, if they are of sufficient age and maturity​
The amount of time each parent spent performing caretaking functions prior to the proceeding​
Any prior agreement between the parents regarding parenting time​
The child's adjustment to their home, school, and community
The mental and physical health of all parties​
The willingness of each parent to facilitate a relationship between the child and the other parent​
Whether either parent is a sex offender or has a history of abuse or neglect​
The distance between the parents' residences and the difficulty of transporting the child
The child's needs
Enforcement: When the Other Parent Isn't Following the Order
A parenting time order is a court order. Violating it has consequences. If your co-parent is consistently denying your parenting time, interfering with your relationship with your child, failing to return the children on schedule, or otherwise violating the terms of the parenting plan, Illinois courts have remedies available.
​
When Parents Can Agree
When parents can reach an agreement on parenting time, the court will generally approve it as long as it serves the child's best interests. An agreed parenting plan is almost always a better outcome than a litigated one. It gives families more flexibility, avoids putting a judge in the position of making intimate decisions about your children's lives based on limited information, and tends to produce arrangements that both parents are more willing to follow.
​
Many parents come to us with a general sense of what they want but need help working through the details and putting it in writing properly. We facilitate that process and make sure the final plan is specific enough to be enforceable and complete enough to last.
​
When Parents Cannot Agree
When agreement isn't possible, the court decides. Illinois judges apply the best interests standard, weigh the statutory factors, and in contested cases often appoint a guardian ad litem — an attorney who represents the child's interests independently of both parents. The GAL investigates the family situation, interviews the parties and the child, and makes a recommendation to the court that carries significant weight.
​
Contested parenting time litigation is expensive, time-consuming, and puts the most personal decisions about your children in someone else's hands. We pursue negotiated resolutions aggressively before recommending litigation — but when litigation is necessary, we are fully prepared to try the case.
There Is No Standard Parenting Schedule
One of the most common misconceptions about parenting time is that courts follow a default schedule. Many people assume the default is every other weekend, alternating holidays, and summers with the non-primary parent. That was never really true, and it reflects an outdated model that Illinois law has moved away from.
​
Modern parenting schedules are as varied as the families they govern. Common arrangements include:
Week on / Week off
Each parent has the children for alternating full weeks. This works well when parents live close to each other, the children are old enough to handle week-long transitions, and both parents are actively involved in day-to-day care.
5-2-2-5
The children spend five days with one parent, two with the other, two with the first, and five with the second — rotating through a consistent two-week cycle. This gives both parents regular contact while providing some stability in routine.
Primary Residence with Regular Parenting Time
One parent has the majority of overnights and serves as the primary residential parent. The other parent has regular parenting time — often including one or two weeknights per week and alternating weekends. This works well when parents live further apart or when the children's school and activity schedules make transitions difficult.
Customized Arrangements
For families with unusual work schedules, children with special needs, or circumstances that don't fit a standard template, parenting schedules can be tailored entirely to fit. Courts are receptive to creative arrangements when both parents can demonstrate they serve the child's interests.
​
The right schedule for your family depends on your children's ages, school locations, each parent's work schedule, the distance between households, and a dozen other factors specific to your situation. We help clients think through all of it.
Holiday and Summer Parenting Time
A parenting schedule that only addresses the regular week is incomplete. Holidays, school breaks, birthdays, and summers are some of the most significant moments in a child's life — and some of the most contentious in co-parenting relationships when they're not addressed clearly upfront.
​
A well-drafted parenting plan addresses:
​
-
Major holidays and how they alternate between parents
-
School breaks — winter, spring, and fall
-
Summer parenting time — extended blocks, vacations, and camps
-
Each parent's birthday and the child's birthday
-
Mother's Day and Father's Day
-
School events, performances, and activities
-
How conflicts between the regular schedule and holidays are resolved
​
Gaps in holiday coverage don't just cause conflict — they cause litigation. We make sure every parenting plan we draft is complete.
Our Approach to Parenting Time
Why Clients Choose LaRocque Law
Parenting time cases sit at the intersection of law and the most personal aspects of family life. They require an attorney who understands the legal standard, knows how to negotiate and litigate effectively, and can navigate the emotional intensity of these matters without losing sight of what courts actually weigh.
​
We handle parenting time matters from initial allocations through contested litigation, enforcement, and post-decree modifications. Our focus is always the same: an arrangement that genuinely serves your child and protects your relationship with them.
​​
LaRocque Law serves clients in Cook County, DuPage County, and Will County. Our Chicago child custody lawyer page covers how parenting cases move in Cook, DuPage, and Will County courts. Common questions are answered in our parenting time FAQ.
"I was able to communicate my questions and concerns openly, and she always provided honest, clear guidance. I felt comfortable and confident having her represent me." — Namrita S., client. Past results and client testimonials do not guarantee future outcomes; every case is unique.
​
Cases are handled by Rebecca LaRocque and Tyler Keller. Family law only, in Cook, DuPage, and Will Counties.
Frequently asked questions
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, but Illinois sets a high bar. In most cases, a parenting time modification requires showing a substantial change in circumstances since the original order was entered. If the modification involves a change to decision-making authority, the standard is even higher within the first two years of the order. Common grounds 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.
​
What is the difference between joint, sole, and divided allocation of parental responsibilities?
Illinois courts can allocate parental responsibilities in several ways depending on the circumstances.
Joint Allocation
Both parents share decision-making authority. Significant decisions in the relevant categories require agreement between the parents. Joint allocation works well when parents can communicate respectfully, are both actively involved in the child's life, and are willing to prioritize the child's needs over their disagreements.
Joint allocation does not mean equal parenting time. A parent can have joint decision-making authority and less than half of the parenting time, or primary parenting time and shared decision-making. The two issues are determined independently.
Sole Allocation
One parent has exclusive authority to make significant decisions in some or all categories. Sole allocation is appropriate when the parents are unable to communicate effectively enough to make joint decisions, when one parent has been uninvolved or absent, or when a history of domestic violence or abuse makes joint decision-making unsafe or unworkable.
Divided Allocation
Responsibility can be split between categories. One parent may have sole authority over educational decisions while the other has authority over healthcare, or both parents share healthcare decisions while one has final say on schooling. Divided allocation reflects the reality that different parents may have different strengths, involvement levels, or areas of conflict.
Courts fashion the allocation that best serves the child, not the one that feels most fair to the parents.
​
How long does a child custody case take in Chicago?
An agreed parenting matter can often move much faster than a contested custody dispute, but the exact timeline depends on the issues, court schedule, mediation, and whether a hearing or trial is necessary. Illinois requires proposed parenting plans early in the case, and child custody/allocation matters are generally expected to move toward final resolution within the court’s timeline unless good cause supports delay.
Consultation and assessment timeline
The process begins with a consultation and issue review. The goal is to identify what is already in place, what is disputed, whether any deadlines exist, and whether the matter is urgent.
Parenting plan timeline
Illinois parents in allocation cases generally must file a proposed parenting plan within 120 days after service or filing of the petition, unless the court extends the deadline for good cause.
Mediation timeline
If parents cannot agree on child-related issues, mediation may be ordered. In Cook County, child-related mediation through Family Court Services requires a court order and is used for issues such as allocation, parenting time schedules, modification, and relocation.
Litigation timeline
If the dispute resolves by agreement, the timeline is usually shorter. If the case requires temporary orders, a GAL, evaluations, discovery, repeated court dates, or trial, the timeline becomes longer.
Post-order expectations
After the order is entered, parents must follow it. If the other parent violates the order or circumstances change, enforcement or modification may become necessary.
​
What affects the cost of a child custody lawyer in Chicago?
The cost of a child custody matter depends on the amount of conflict, the number of unresolved issues, the evidence needed, and whether the case resolves by agreement, mediation, hearing, or trial.
Whether parents agree on the major issues
Cost depends on the level of disagreement because agreement usually allows the attorney to focus on drafting, review, negotiation, and court approval. When parents disagree about the schedule, decision-making, relocation, or safety, the case usually requires more preparation and court involvement.
Whether temporary orders are needed
Cost depends on temporary relief because early motions can require fast preparation, evidence gathering, affidavits, hearings, and strategy around what happens while the case is pending.
Whether mediation resolves the dispute
Cost depends on mediation because a successful mediation can narrow or resolve issues, while unsuccessful mediation often sends the case back toward litigation. In Cook County, Family Court Services mediation is usually available at no cost when ordered by the court, but it requires a valid court order and occurs during court operating hours.
Whether a Guardian ad Litem, child representative, or evaluation becomes involved
Cost depends on third-party involvement because contested parenting cases may require additional investigation, reports, interviews, or hearings. These steps can add time, complexity, and expense.
Whether the case requires trial
Cost depends on litigation because trial preparation involves evidence organization, witness preparation, exhibits, legal arguments, court appearances, and a more developed record.
Whether the order is clear enough to prevent future conflict
Cost also depends on drafting quality. A vague parenting plan may feel cheaper upfront but create more expensive enforcement or modification problems later.
​
Does Illinois still use the term child custody?
Illinois courts no longer use “custody” as the primary legal term. What people call child custody is usually handled as allocation of parental responsibilities, which includes parenting time and significant decision-making responsibilities. Parents still use “custody” in everyday language, so a child custody lawyer can help translate the practical concern into the correct legal issue.
​
Is 50/50 parenting time automatic in Illinois?
No. Illinois does not automatically give parents a 50/50 schedule. Courts allocate parenting time according to the child’s best interests. A 50/50 arrangement may work for some families, but the court can consider the child’s school, age, needs, history of caretaking, distance between homes, transportation, work schedules, and the parents’ ability to cooperate.
​
What does a judge consider in a Chicago custody case?
A judge considers the child’s best interests. That can include the child’s needs, the child’s adjustment to home and school, each parent’s prior caretaking role, the child’s relationship with parents and siblings, the distance between homes, transportation difficulty, each parent’s schedule, safety concerns, and each parent’s willingness to support the child’s relationship with the other parent.
​
What has to be included in an Illinois parenting plan?
An Illinois parenting plan should include decision-making responsibilities, the child’s living arrangements, each parent’s parenting time schedule, school enrollment address, transportation, communication, emergency notice, travel expectations, relocation provisions, and procedures for future disputes or modifications. The stronger the plan, the fewer unanswered questions remain after the order is entered.
​
Do parents have to go to mediation in Cook County custody cases?
Mediation is commonly required in Cook County when parents cannot agree on child-related issues. Cook County identifies mediation as mandatory for initial allocation of parental responsibilities, modifications, relocation, and third-party visitation disputes, unless the court determines mediation is not appropriate. Mediation does not mean you give up your position; it means you prepare to negotiate with structure.
​
Can the other parent deny parenting time because child support is late?
A parent generally should not deny court-ordered parenting time because of a child support dispute. Parenting time and child support are connected in family life, but they are separate legal obligations. If support is unpaid or parenting time is being denied, the better response is to address the violation through the proper legal process rather than creating another violation.
​
What if the other parent wants to move with my child?
If the other parent wants to move with the child, the issue may qualify as relocation under Illinois law depending on the distance and location. Relocation cases require a child-focused analysis. The court looks at whether the move serves the child’s best interests, not simply whether the move is convenient or beneficial for the relocating parent.
​
Do unmarried parents need a custody order in Illinois?
Unmarried parents may still need a court order allocating parenting time and decision-making responsibilities. If parentage has not been legally established, that may need to happen first. A clear order can prevent future disputes by defining each parent’s rights, responsibilities, schedule, and decision-making authority.
​
What is the legal standard for restricting parenting time in Illinois?
Illinois courts can restrict parenting time when its exercise would seriously endanger the child's physical, mental, moral, or emotional health. This is a higher standard than inconvenience or parental disagreement; it requires a showing of genuine risk to the child. Courts balance the child's safety against the importance of maintaining a relationship with both parents.
​
Can parenting time be suspended entirely?
Yes, in serious cases. If the court finds that even supervised contact would endanger the child, it can suspend parenting time altogether. This is rare and reserved for the most serious circumstances: documented abuse, active addiction with demonstrated risk to the child, or other severe endangerment. Total suspension is usually a temporary measure while the underlying issue is addressed.
​
What counts as supervised parenting time?
Supervised parenting time requires a third party to be present during all contact between the parent and child. The supervisor can be a mutually agreed-upon family member or friend, a professional supervisor through a designated agency, or in some cases a social worker. The court may specify who is appropriate to serve as supervisor depending on the circumstances.
​
Can I get an emergency order if my child is in immediate danger?
Yes. Illinois courts can enter emergency orders restricting or suspending parenting time when a child faces imminent danger. The bar for emergency relief is high; courts require a specific showing of immediate risk, not general concern. If you believe your child is in danger, contact us immediately.
​
What if the allegations against me are false?
False or exaggerated restriction allegations do happen, particularly in high-conflict divorces. The response is an evidence-based defense: documenting your relationship with your child, gathering witnesses, obtaining records that contradict the allegations, and presenting a clear and credible picture to the court. Do not ignore a restriction motion or assume it will resolve itself. Contact us as soon as you are served.
​
Will my child have to testify?
Generally no. Courts try to shield children from direct involvement in parental disputes. Instead, a guardian ad litem is often appointed to investigate and represent the child's interests independently. In some cases a child may be interviewed by the judge in chambers, but open courtroom testimony from children is rare in these matters.
​
Can a restriction be lifted once it's in place?
Yes. Restrictions can be modified or lifted when there has been a substantial change in circumstances, completed treatment, documented sobriety, stable housing, or a sustained period of appropriate behavior. The parent seeking modification must demonstrate that the change is genuine and lasting, not temporary. Courts are cautious about lifting restrictions prematurely.
​
Does a DCFS finding affect parenting time?
An indicated DCFS finding of abuse or neglect is significant evidence in a parenting time proceeding. Courts take DCFS findings seriously, and an open DCFS investigation can also support emergency relief. However, a DCFS finding does not automatically result in restricted parenting time; courts conduct their own analysis based on the totality of the circumstances.
​
How does substance abuse affect parenting time?
Active substance abuse that impairs a parent's ability to care for a child safely is grounds for restriction. Courts can order drug and alcohol testing as a condition of parenting time, require completion of treatment, and limit or supervise parenting time until sobriety is demonstrated and sustained. A parent who has addressed a substance abuse issue and can demonstrate sustained recovery has a path to restored parenting time.