Parenting Time
In 2016, Illinois made sweeping changes to what used to be called custody and visitation in an attempt to take some of the acrimony out of parenting issues involved in divorce. Illinois eliminated the words "custody" and "visitation" in favor of "Parenting Time" because parents do not visit with their children; they parent their children. Parents often fought to win the badge of being labeled the custodial parent which was not helpful to the children and often a bar to resolving other child-related issues.
How is Parenting Time determined?
Illinois courts now must consider the best interests of the children in allocating "Parental Time." The division of Parenting Time between the parents is set out in a Parenting Plan. It is common for parents to have alternating weekend parenting time, and to alternate holidays and vacation time with the children. Beyond that, the division of the remaining weekdays varies with each family's unique situation.
It is important to note that the amount of parenting time exercised can affect how much child support is paid and to whom. In order to determine which parent receives child support, the incomes of each parent as well as the amount of parenting time each parent has is taken into account. If each parent has at least 146 overnights with the children per year, a shared parenting adjustment is applied to the child support to account for the increase in cost of having the children spend a significant amount of time in two residences.
What if the children don't want to spend time with a parent?
The children and the parents must obey the Parenting Plan, which is a Court Order. Not wanting to see mom or dad is not an excuse for not following a Court Order. However, both parents should understand that as children age, they become more involved in school and activities and may have commitments that interfere with their parenting time. It is best to try to be reasonable and accommodating; perhaps change days or times if necessary. The goal should be for both parents to foster a loving relationship between each parent and the child.
What happens if a parent continually fails to abide by the Parenting Plan?
Under the 2016 law, Illinois has a new section for dealing with "Abuse of Allocated Parenting Time" that allows for an expedited procedure. Under the new law, a parent can file petition stating the nature of the problems. Then if the judge finds that a parent has not complied with the Parenting Plan or Court Order, the judge may:
If there is a finding of contempt, there may be suspension of driving privileges, placement on probation, fines, or even imprisonment.
How is Parenting Time determined?
Illinois courts now must consider the best interests of the children in allocating "Parental Time." The division of Parenting Time between the parents is set out in a Parenting Plan. It is common for parents to have alternating weekend parenting time, and to alternate holidays and vacation time with the children. Beyond that, the division of the remaining weekdays varies with each family's unique situation.
It is important to note that the amount of parenting time exercised can affect how much child support is paid and to whom. In order to determine which parent receives child support, the incomes of each parent as well as the amount of parenting time each parent has is taken into account. If each parent has at least 146 overnights with the children per year, a shared parenting adjustment is applied to the child support to account for the increase in cost of having the children spend a significant amount of time in two residences.
What if the children don't want to spend time with a parent?
The children and the parents must obey the Parenting Plan, which is a Court Order. Not wanting to see mom or dad is not an excuse for not following a Court Order. However, both parents should understand that as children age, they become more involved in school and activities and may have commitments that interfere with their parenting time. It is best to try to be reasonable and accommodating; perhaps change days or times if necessary. The goal should be for both parents to foster a loving relationship between each parent and the child.
What happens if a parent continually fails to abide by the Parenting Plan?
Under the 2016 law, Illinois has a new section for dealing with "Abuse of Allocated Parenting Time" that allows for an expedited procedure. Under the new law, a parent can file petition stating the nature of the problems. Then if the judge finds that a parent has not complied with the Parenting Plan or Court Order, the judge may:
- Order an imposition of additional terms and conditions consistent with the previous Parenting Plan;
- Order one or both parents to go through a parental education program at the expense of the non-complying parent;
- Order family or individual counseling (particularly if domestic violence is involved);
- Order that the non-complying parent post a bond to ensure future compliance;
- Order makeup parenting time;
- Find that the non-complying parent is in contempt of court;
- Impose a civil fine per incident of denied parenting time;
- Require the non-complying parent reimburse the other parent for reasonable expenses and/or award attorney's fees.
If there is a finding of contempt, there may be suspension of driving privileges, placement on probation, fines, or even imprisonment.