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March 24, 2017

Parenting Time Is the New Visitation

Child Custody



Once a divorce is finalized and the final decree issued, the mechanics of how children of the marriage are cared for take effect. The overriding principle the law applies to children is always a consideration of what is in their best interests. No matter how contentious matters get between parents, coming together to raise children with their well-being in mind is seen as desirable. Time spent with children as per the parenting plan will include custody and visitation arrangements. Visitation, or  “parenting time” as it is referred to in the relevant statute, allows for a more shared approach to raising children with meaningful and quality time with each parent.

A family law attorney is your best resource for seeking suitable visitation rights. It is optimal that both parents be involved in the upbringing of their children and have regular access to them – barring any potential threat to their health or wellbeing. If your rights are being compromised, a family law attorney can assist you in petitioning for greater access to your children.

Reasonable Access

It is important for a non-custodial parent to be a part of their child’s life. The benefits of a congenial relationship between divorced parents can have positive effects on the upbringing of the child and preserves the sanctity of a family relationship.

Under Illinois marriage laws parenting time is defined as “the time during which a parent is responsible for exercising caretaking functions…” Employing what is in the best interests of the child can include any of the following tests and anything further, the court deems as relevant:

The wishes of the child, with their maturity levels in mind

  • The parents caretaking history in the preceding time;
  • The child’s interactions with their parents and other family members;
  • Costs associated with shared parental responsibilities;
  • The relationship between the parents and each, individually with the child;
  • The child’s specific needs; and
  • The child’s daily routine and obligations and extracurricular lifestyle.

The court will look at the bigger picture with the family’s particular circumstances in mind to determine an optimal situation for the children involved and what is reasonable in the context of the situation.

Parenting Time Attorney

Having a loving respectful relationship with your children after divorce is an optimal position to be in. Unfortunately, life’s circumstances have a way of complicating even the best of intentions.

If your former spouse has primary custody of your child and your visitation or parenting time, is falling below what was agreed upon, or is being restricted in some way, there is legal recourse. An experienced DuPage County parenting time attorney can assist you in petitioning for the mandated rights or greater access to your child or children. A more holistic approach to parenting post-divorce can only be viewed as a positive experience for both the adults and children. With experienced counsel in all areas of family law matters, Mulyk Laho Law, LLC based in Glen Ellyn, Illinois can advise you accordingly to best serve your needs and improve your family relationships.

Sources:

http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2086&ChapterID=59

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