Family Lawyers in Naperville
There are many factors that influence your ability to spend time with your children during and after a divorce. Both parents have reasonable visitation or parenting time rights with their children. This is true for both mothers and fathers, with few exceptions. If you do not have the majority of parenting time allocated to you (formerly known as residential custody), you need to seek the help of a family law expert to ensure that your rights of visitation or parenting time are protected.
Visitation/Parenting Time Schedules
The only acceptable visitation or parenting time schedule is one that is in the children’s best interests. Family lawyers can help you to maximize the time that the children spend with each parent. For some families, a more traditional schedule works best, including every other weekend, an evening or two per week, alternating holidays and vacation time during school breaks. For other families, a 50/50 or shared parenting time arrangement might be appropriate.
Exceptions to Visitation/Parenting Time Rights
In some cases, it is inappropriate for a parent to have full visitation/parenting time rights. Visitation/parenting time rights will be restricted if it can be proven that a parent threatens “serious endangerment” to the children. Some of the factors that affect the determination of “serious endangerment” include:
- A history of substance abuse (drug abuse, alcohol abuse, etc.)
- A history of violent tendencies
- A history of physical abuse
- A history of sexual assault
While these qualities negatively impact a visitation/parenting time agreement, it does not necessarily mean that a parent will never be able to visit their children. There are several ways to restrict and monitor visitation, including:
- Third party supervision during parenting time
- Denying overnight parenting time
- Restricting parenting time to the custodial parent’s premises
After January 1, 2016, the factors that a court will consider to determine a parenting time schedule that is in the best interests of the child will change. Please contact us today to find out how this might impact parenting time for your family.
Family Law Attorneys serving Aurora and surrounding areas
The attorneys at Fay, Farrow & Associates, P.C. have over 95 combined years of experience practicing family law. We have extensive experience with Illinois visitation/parenting time cases and we understand the intricacies of family law down to the last detail. If you need assistance ensuring your rights as a parent are protected, do not hesitate to give us a call at 630.961.0060. We do not charge for an initial consultation, so you have absolutely nothing to lose.