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Wakenight & Associates, P.C.

9405 Bormet Drive, Suite 7, Mokena, IL 60448

Mokena | 815-727-6144

DuPage County | 630-852-9700   Oak Park | 708-848-3159

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New Lenox, IL Parenting Time Attorney

Tinley Park divorce child visitation lawyer

Lawyers Assisting With Child Visitation in Divorce Cases in Orland Park and Will County

Following your divorce, the amount of time you are able to spend with your children will likely be affected significantly. As you face these massive changes to your life, you are probably struggling with an avalanche of emotions, worries about the future, and legal concerns. When addressing child-related issues during divorce, working with a skilled attorney can ensure that your parental rights and your family's best interests are protected.

The family law attorneys of Wakenight & Associates, P.C. have over 95 years of combined experience, and we know the issues that families struggle with during contentious or hostile divorce cases. We will ensure that you fully understand your rights, your legal options, and the best ways to reach a resolution that meets your children's needs.

Parenting Time in Illinois

In recent years, Illinois law was rewritten to emphasize the need for both parents to be closely involved in their children's lives. When discussing parents and children, the law no longer refers to "physical custody" or "visitation." Instead, "parenting time" is allocated between divorcing parents. This change was intended to protect parents' rights and children's best interests, and rather than indicating that one parent is the "primary" or "custodial" parent, it encourages both parents to spend time caring for their children and meeting their needs.

Most divorce cases are resolved by parents reaching a settlement through negotiation or mediation. In these cases, parents will need to create a parenting plan that includes decisions about how parenting time will be divided. The parenting plan should include:

  • Children's day-to-day schedules, including how they will be transported to and from school and between parents' homes.
  • How children will divide time between parents during vacations from school, including summer vacations, winter breaks, and spring breaks.
  • How different holidays (such as Christmas, Thanksgiving, Easter, Halloween, or the Fourth of July) will be handled.
  • How parenting time will be assigned on any other significant dates, such as children's, parents', or grandparents' birthdays.

If parents are unable to reach an agreement about these matters, the decisions will be left up to the judge in their divorce case. Illinois law provides a variety of factors that a judge will consider when deciding what is in the children's best interests, including:

  • Both parents' wishes, as well as children's wishes, if they are mature enough to be able to express their desires.
  • The mental and physical health of all parties involved in children's lives.
  • The amount of time that each parent spent performing "caretaking functions" (such as feeding, dressing, and bathing children; providing discipline; transporting children to school and extracurricular activities; and providing moral instruction and guidance) within the previous two years.
  • Any agreements between the parents or conduct regarding caretaking duties.
  • Whether the parents are willing to put children's needs ahead of their own and encourage children to have a relationship with the other parent.
  • Whether a restriction on parenting time would be appropriate because of danger to the child or parental alienation.

Contact Our Mokena Family Law Attorneys

At Wakenight & Associates, P.C., we understand the importance of your relationship with your children, and we will fight for their best interests throughout your divorce case, ensuring that you will be able to have the time with them that they deserve. Contact us at 815-727-6144 to arrange a complimentary consultation. We provide legal help to divorcing parents in Orland Park, Frankfort, Tinley Park, New Lenox, Orland Hills, Oak Forest, Homer Glen, Joliet, Lockport, and Will County.

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