The time children spend with their parents is crucial for their upbringing and health. While separated parents may both wish the best for their child, disagreements over parenting time could turn a sensitive topic into a heated issue. A Will County parenting time lawyer could help parents establish a fair and appropriate schedule to share parenting responsibilities. Consult our compassionate child custody attorneys to learn more about your rights.
Parenting time is a major component of a parenting judgment. Once the court determines how decisions are made, they establish parenting time, which was previously known as physical custody, for each parent. If the children live with the mother during the week and the father on the weekends, the mother has physical custody during the week.
In lieu of arguing over custody, Illinois now designates which parent has the majority of parenting time. The parent typically receives child support if it is awarded. Some parents may seek physical custody if they want child support or if they do not wish to pay child support. The child’s schooling could also be a factor in designating the parent with the majority of parenting time. While there may be no issues when both parents live in the same district, establishing the primary parent may become a problem if both parents live in different school districts. Since schools will want to know who has custody, a good parenting plan could look ahead for these potential problems and designate the parent with the majority of parenting time.
The parenting schedule is regularly contested in parenting time determinations. There could be disputes as small as weekday parenting time to larger disputes regarding a parent trying to relocate to a different state. If one parent wants to take a child from Illinois and move to Texas, such a move may limit the parenting schedule options available for the other parent. A Will County attorney could assist parents in tackling any issues that may arise related to parenting time.
Parenting time could be modified when there is a substantial change in circumstance to fit the best interests of the children. If there is a drastic change that dramatically affects a child’s life, the court could modify the allocation of parenting time and/or parenting responsibilities. There are certain things that automatically trigger modifications such. This could include circumstances in which one parent attempts to relocate further than 25 miles from their current residence. If the other parent does not agree to the proposed relocation, the parent requesting to move must seek approval from the court.
While the statute states that a parent cannot modify the allocation judgment for two years, there is an affidavit claiming a serious endangerment to the child. A party could modify the parenting time under certain conditions as defined within the statute. If the parties entered an agreement and exercised a different parenting time schedule for six months, one of the parents could file a motion to memorialize what they have been doing.
A party may also seek to have minor modifications to the allocation judgment. It is important to note that the term minor is not clearly defined. An example could be a small change to drop off and pick up time. If you are unsure if your proposed change is “minor,” it is recommended to speak with a skilled parenting time attorney in Will County to provide an objective analysis.
Parents are recommended to consult with an attorney when seeking more or less parenting time of the children to fully understand the ramifications. The amount of parenting time may affect them financially since the agreement could end up costing them thousands of dollars in additional child support if they did not intend to fight for the additional parenting time or did not realize that the number of overnights might affect them financially. While this may not mean that a party must fight for every dollar, it could be important to understand how each scenario could have financial impacts. It is also important to speak with a skilled attorney to get professional and objective advice. You could benefit from having a Will County parenting time lawyer provide objective and professional advice to help you see your options clearly without being clouded by emotions. Contact us today to learn more.