Glen Ellyn Parenting Time Lawyer

Attorneys for Physical Custody and Visitation in DuPage County Family Law Cases

Getting a divorce will require you to address multiple different legal issues, and if you are a parent, some of your most important concerns will involve your children. Issues related to child custody are generally divided into two different categories, which are commonly known as "legal custody" and "physical custody." While legal custody (known in Illinois as the allocation of parental responsibilities) will address the larger decisions that you and your ex-spouse make about how your children should be raised, physical custody involves parents' and children's day-to-day concerns, including the amount of time children will spend with each parent. As you work to create parenting time schedules and make decisions about physical custody, an experienced family law attorney can make sure your parental rights are protected while helping you advocate for your children's best interests.

The lawyers of NN Legal Group provide dedicated legal help in divorce and family law cases. Attorney Nicolas Nelson has been helping clients address legal issues for more than 12 years, and he can make sure you understand your rights and options as you make decisions about your children. We will offer practical advice and guidance during your case, and we will work with you to determine the best approach that will help you achieve your goals during your divorce and in the years to come.

Addressing Parenting Time in Your Parenting Plan

In recent years, the state of Illinois has revamped the terminology used to describe child-related issues in divorce laws, and it has taken steps to recognize that both mothers and fathers play an important role in raising their children. Instead of granting physical custody of children solely or primarily to one parent and allowing the other parent to have "visitation," the state's divorce laws now refer to the time children spend with both parents as "parenting time." During a parent's parenting time, they will be responsible for meeting their children's needs, including providing them with food and clothing, protecting their safety, assisting with homework or other educational needs, and providing discipline and moral and ethical guidance.

Illinois law presumes that parents are fit and able to care for their children. Even if one parent has sole or primary legal custody of a child, the other parent has the right to reasonable parenting time, unless there is evidence that allowing a parent to have parenting time would endanger a child's physical or mental health. If necessary, restrictions may be placed on a parent's parenting time, such as requiring supervision to be present or prohibiting the use of alcohol or drugs while caring for children.

During a divorce or child custody case, parents will be required to create a parenting plan that defines their roles and responsibilities toward their children. This plan will include a schedule that details how parenting time will be divided. A parenting time schedule should specify when children will be in the care of each parent on a regular, day-to-day basis, and it should also address how parenting time will be handled while children are on vacation from school and on holidays, birthdays, or other important dates. A parenting plan should also detail how parents will handle transportation arrangements at the beginning and end of each parent's parenting time and the procedures that will be followed if a parent will be unable to care for children during their scheduled parenting time.

Parents are encouraged to work together to reach an agreement on how to address parenting time and other child-related issues. If parents are unable to agree on a parenting time schedule, these decisions may be made by the judge in their case. The judge will weigh a variety of factors, including the wishes of the parents and the children, the amount of time each parent spent caring for children in the previous two years, the distance between the parents' homes and the parents' ability to provide transportation for children, and each parent's willingness to put children's needs ahead of their own plans or desires.

Contact a Wheaton Parenting Time Attorney

The decisions about parenting time that are included in your parenting plan will play a large role in your relationship with your children going forward, and they may also affect your and your ex-spouse's child support obligations. At NN Legal Group, we can help you make sure your parenting plan will provide for your children's best interests while protecting your parental rights. Contact our office today at 630-474-0925 to set up a complimentary consultation. We provide legal help to divorcing parents in DuPage County, including Glen Ellyn, Lombard, Glendale Heights, Wheaton, Villa Park, Bloomingdale, Addison, and Carol Stream. Hablamos Español.