What Parenting Time Am I Entitled to If I Do Not Get Sole Custody?

Exercising Reasonable Rights to Parenting Time in Illinois Divorces

In Illinois, child custody consists of two separate issues. The allocation of parental responsibility (sometimes called legal custody) addresses how parents will make decisions about raising their children. Parenting time (formerly known as visitation) consists of any time that children will spend with either parent, including overnight stays in a parent's home or shorter periods, such as weeknight visits. Parents who are working to resolve issues related to the custody of their children may be unsure about whether sole or joint custody will be appropriated and how these decisions may affect the time they will be able to spend with their children.

Your right to parenting time with your child is not contingent on the allocation of sole or joint parental responsibilities. As a fit parent, you are entitled by law to reasonable parenting time with your child, even if the other parent has been granted sole decision-making authority. To ensure that your parental rights will be protected as you address issues related to child custody and parenting time, it is essential to secure representation from an experienced attorney.

At Mirabella, Kincaid, Frederick & Mirabella, LLC, we realize that every family's situation is unique. While the law provides a guideline for divorced, separated, or unmarried parents, a one-size-fits-all approach is not realistic or appropriate. If you and your child's other parent cannot agree on a reasonable parenting time arrangement, the court will take into account your specific circumstances to determine a parenting time plan that best meets your child's needs.

Helping Parents Protect Their Rights in Illinois

When one parent is granted a vast majority of or all parental responsibilities regarding his or her child, the court will often provide a relatively standard amount of parenting time to the other parent. In many cases, a parent who does not have primary residential responsibilities will be granted parenting time on alternating weekends and one or two nights per week, in addition to extra time during extended school breaks or summer vacation.

This type of arrangement, however, is merely a starting point, and, for many parents, it may not be enough. Our experienced attorneys can help you show you are committed to providing your child with a happy, healthy home and that you deserve as much time with your child as possible. We can help you negotiate a parenting plan that will give you enough time with your child and ensure that you will continue to play a crucial role in their life going forward. In addition to making sure you will be able to spend time with your child on a regular basis, your parenting plan can also address other issues, such as who will be responsible for transportation, how you and the other parent will communicate, what rules may apply regarding discipline or other issues, and how disputes that may arise in the future will be resolved.

Contact Our DuPage County Parenting Time Lawyers

If you have questions about the allocation of parental responsibilities and parenting time, contact the offices of Mirabella, Kincaid, Frederick & Mirabella, LLC. Call 630-665-7300 to schedule a confidential consultation today. We are proud to serve individuals and families in Wheaton, Naperville, Oak Brook, Downers Grove, Glen Ellyn, and the rest of DuPage County, as well as Kane County, Kendall County, and throughout Northern Illinois.