Call Us630-871-2400

Wheaton Child Visitation Lawyer

Parenting Time Attorney in DuPage County

Child visitation, also known as parenting time, is essential to family members' lives following a separation or divorce. Establishing visitation rights in Illinois involves determining when and how each parent will spend time with a child after the separation or divorce has been finalized. Under Illinois law, courts presume that a parent should be able to spend reasonable amounts of time with their child, regardless of how other child custody issues will be handled.

If you are a parent who is concerned about how your divorce will affect your relationship with your children and how often you will see and spend time with them, your feelings and concerns are valid. In the vast majority of cases, divorced parents in Illinois are able to spend ample time with their children and are thus able to develop and maintain meaningful relationships with them after getting divorced. As you navigate this nerve-wracking process, your family law attorney will be an excellent resource as questions and concerns arise.

At Fawell & Fawell, our experienced and compassionate family law attorney takes pride in helping clients get through the difficult process of divorce and everything that comes with it. When you retain our legal services, you can feel confident that your best interests and the interests of your children will always be treated with the utmost importance.

Determining Parenting Time

Parenting time (also known as physical custody) refers to any times that children are in the care of either parent. It may consist of overnight stays in parents' homes or shorter periods of time, such as evenings during the week in which children spend time with parents at home or other locations. When determining how children's time will be divided between their parents, Illinois courts may take the following factors into account:

  • The child's age
  • The child's physical and emotional needs
  • Each parent's work schedule, lifestyle, and ability to travel to spend time with children
  • The distance between the parents' residences and logistical arrangements for transportation of children
  • The child's school and extracurricular activities
  • The child's relationship with each parent
  • Each parent's previous level of participation in providing child care
  • Any history of abuse by either parent
  • Any other relevant issues that may affect the children's best interests

The distribution of parenting time may vary depending on the specific circumstances of a case. In some cases, children may divide their time equally between their parents' homes, while in others, children may live primarily with one parent and spend time with the other for shorter periods. A parenting time schedule will need to specify how matters will be handled on a daily basis during the school year, and it should also detail when children will stay with each parent during school vacations and on holidays.

Parenting time will be addressed in the parenting plan created during a divorce or child custody case. In some cases, parents may be able to negotiate an agreed parenting plan. If parents are unable to reach agreements, they may each file a proposed parenting plan with the court. Parents may be required to attend mediation to negotiate an agreed parenting plan. If the outstanding issues cannot be resolved through mediation, litigation may be necessary, and the court may make the final decisions about how all issues related to parenting time will be handled.

How Can Mediation Be Used to Resolve Parenting Time Issues in Illinois?

Mediation is an alternative dispute resolution method that may be used to reach agreements about parenting time or other child custody issues. Parents will meet with a neutral third-party mediator to discuss their issues and work together to negotiate agreements that will be mutually acceptable. Mediation is commonly used in Illinois family law cases to help divorcing parents work out parenting time arrangements and address sensitive subjects related to co-parenting.

Mediation provides several benefits for parents who are looking to establish or modify parenting time and visitation schedules. One of the primary advantages of mediation is that it promotes communication between parents and encourages discussions that could lead to increased levels of cooperation in the future. In many cases, mediation will result in an agreement that can be filed in court without the need for litigation.

To facilitate an effective mediation process, parents should be aware that although the mediator is neutral, they will not provide legal advice or make decisions about how issues will be resolved. It is advisable to consult with an attorney during the mediation process to gain a better understanding of the legal issues that must be addressed and the options for resolving the outstanding issues. Mediation requires parents to negotiate in good faith and be willing to compromise as they work to reach agreements. When mediation is successful, it can allow issues to be resolved more quickly and effectively while giving parents more control over the outcome of their case.

Contact a Wheaton Parenting Time Lawyer

With so much at stake in cases involving child custody and parenting time, you need an attorney you can depend on. With a skilled lawyer by your side, you can feel confident that you have the tools needed to pursue a favorable outcome that will provide for your children's best interests. Contact the skilled lawyer at Fawell & Fawell to get the legal help you need during this crucial time. Call us at 630-871-2400 for a free consultation.

badge badge badge badge
Back to Top