Visitation | Parenting Time
Parenting Time Summary: Parenting time (what most people call visitation) is the amount of time a child spends with each parent. Decisions about parenting time will need to include the basic schedule (what happens on a normal day to day, week to week, month to month schedule), a holiday/special date schedule (how will birthdays, Christmases, Hanukkahs, etc. be allocated), and a vacation schedule (what happens over summer break, Spring Break, etc.). You and your partner can determine what your visitation schedule in one of three ways: (1) by agreement between yourselves, (2) after negotiations or mediations with attorney assistance, or (3) after going to Court (litigation).
How is parenting time determined?
Your parenting time schedule can be determined in various ways. If you and your partner agree on a parenting time schedule, then your attorneys can prepare a formal written agreement to be signed by the judge. Frequently, parties need the help of attorneys and/or a mediator in arriving at an agreed upon schedule. A mediator is a third-party neutral who works with both parties and their attorneys to reach an agreement. If an agreement cannot be reached, then a judge will determine your parenting time schedule as part of a trial. The court can appoint experts to assist in determining the outcome that is best for your children. This includes attorneys to represent your children or their interests and mental health or other evaluators who prepare in depth evaluations of both parents.
Litigation is stressful, costly and can be damaging to your children. An experienced attorney can help you understand the possible outcomes of a trial and work with you to craft a parenting agreement that is best for your children. The advantages of reaching an agreement regarding parenting include flexibility to be creative in fashioning an arrangement that is specific to yoiur family’s needs and more nuanced than the law typically provides.
At Citino Family Law, our negotiation strategy and litigation skills will ensure that our clients get the results that are best for their family.
When can parenting time be restricted?
In Illinois, the court does not normally restrict parenting time unless you can prove that unrestricted parenting time with the other parent would endanger the child’s physical, mental, moral, or emotional health. In cases where there is a true risk of harm to your child, then the Court can impose various guidelines intended to keep your child safe. Examples include, but are not limited to, supervised visits, drug testing, alcohol monitoring, and other safety measures.