Illinois Legislators Continue to Push for 50/50 Parenting Time

 Posted on January 09, 2025 in Family Law

Illinois lawmakers have been introducing bills each year that would give divorcing parents equal parenting time (formerly known as "visitation"), starting in 2018 and continuing through 2023. So far, bills asking for equal parenting time splits have been defeated each year despite some strong-arm tactics by promoters. The National Parents Organization has thrown its full support behind these bills, while the Illinois Chapter of the American Academy of Matrimonial Lawyers has consistently pointed out the potential problems.

If one of these bills were to pass, the Illinois provision that states "Nothing in this Act requires that each parent be allocated decision-making responsibilities" would be removed. If you are in the middle of a divorce that includes child custody (known in Illinois as "parental responsibilities"), a bill like this could potentially affect you. Speaking to a knowledgeable St. Charles, IL parenting time lawyer can be beneficial.  

What Does Current Illinois Parenting Time Law Provide For?

There is a presumption among family court judges that a child benefits from regularly spending time with both parents, but this is not always in the child's best interests. There are as many unique parenting situations as there are parents, and each situation is taken on a case-by-case basis.

Although some situations lend themselves to each parent making decisions for the child regarding education, religion, and medical issues, others do not. There is nothing currently in the law that requires each parent to have decision-making responsibilities. Yet if a bill should pass that dictates 50/50 parenting time, an unintended consequence could be a requirement of equal decision-making responsibilities.

Determining the Fitness of Each Parent

Changes to the current law would presume that both parents would act in the best interests of their children, making a 50/50 parenting time split the starting point for parenting time negotiations. The current law understands that not every parent is fit and that some parents should not have equal parenting time or be allowed to have equal input into the major decisions for their children.

While there is currently a presumption of parental fitness, evidence to the contrary will be considered. After all, if every parent was fit and always acted in their child’s best interests, there would be no need for judicial intervention. Further, in some situations, the fitness of each parent is not the issue; rather, the ability of two fit parents to get along sufficiently to make decisions together becomes the question.

Prior Caretaking Patterns Would Be Disregarded

The proposed laws would also delete a crucial statutory factor when allocating parenting time – a parent’s prior caretaking patterns. As the law now stands, the amount of time each parent spent performing caretaking functions with respect to the child in the 24 months preceding the divorce is a major factor when deciding parenting time.

The proposed laws would actually prevent the judge from factoring in the time each parent spent on caretaking prior to the divorce. The question becomes whether a change like this benefits the child or whether it contributes to the disruption in a child’s life due to divorce.

Is a Parental Fitness Determination Forever?

Proponents of the new laws claim that restricting parenting time due to unfitness is often a temporary issue, but under current laws, a determination of unfitness can have permanent effects. For example, suppose one parent has a serious drug problem at the time parental responsibilities and parenting time are being determined.

That parent could be given supervised or even no parenting time. The parent could later turn his or her life around, yet is still left with little or no parenting time – perhaps making it much more difficult to get parenting time in the future under current laws.

Contact a Kane County, IL Parenting Time Lawyer

If you are facing parenting time issues during your divorce, a St. Charles, IL parenting time attorney from Mirabella, Kincaid, Frederick & Mirabella, LLC can help. When you choose MKFM Law, you have chosen a highly client-centered firm that serves clients in the Chicagoland area, including Kane County, DuPage County, and DeKalb County for your convenience. Call 630-665-7300 to schedule an initial attorney meeting to discuss your family law issue.