If you are getting divorced in Illinois or involved in an Illinois parentage case, negotiating parenting time may be one of the most important and difficult issues involving your children. Parents frequently ask how parenting time is determined in Illinois, what factors a court considers when creating a parenting schedule, and whether parents can negotiate their own parenting time agreement.
Illinois family law no longer uses the terms “custody” and “visitation” as the primary statutory terminology. Instead, Illinois law generally addresses the allocation of parental responsibilities, including significant decision-making responsibilities, and parenting time. Although many parents still search for information about child custody, joint custody, sole custody, or visitation in Illinois, the legal analysis focuses on the children’s best interests and the specific parenting issues involved in the case.
A parenting time schedule can address regular weekday and weekend parenting time, holidays, school breaks, summer parenting time, vacations, transportation, exchanges, communication with the children, and other issues that affect a family’s day-to-day life. Whether parents are negotiating directly, participating in mediation, or litigating parenting time in an Illinois divorce, the goal should be to create a workable parenting plan that addresses the children’s needs and the realities of each family’s circumstances.
This article discusses important considerations for negotiating parenting time in an Illinois divorce, including the children’s best interests, parenting schedules, work and school schedules, decision-making responsibilities, co-parenting and communication, mediation, long-term planning, and modification of parenting time.
How Is Parenting Time Determined in Illinois?
In Illinois, parenting time is generally determined based upon the best interests of the child. If parents agree on a parenting schedule, they may be able to negotiate the terms of an Allocation Judgment or parenting plan and submit the agreement to the Court for approval.
If the parents cannot agree, the Court may determine parenting time after considering the applicable statutory best-interest factors and the evidence presented in the case.
There is no single parenting schedule that applies to every Illinois divorce or parentage case. A 50/50 parenting schedule, alternating weekends, a 2-2-3 schedule, a 2-2-5-5 schedule, or another parenting arrangement may or may not be appropriate depending upon the circumstances of the family.
When negotiating parenting time, parents should focus on creating a schedule that is practical, enforceable, and consistent with the children’s best interests.
1. Put the Children’s Best Interests First
When negotiating a parenting time schedule in Illinois, the children’s best interests should be the primary consideration. Parents may have their own preferences regarding parenting time, but the focus should remain on the children’s needs, stability, and well-being. Relevant considerations may include the children’s ages and developmental needs, each parent’s relationship with the children, the children’s adjustment to home, school, and community, the parents’ prior involvement in the children’s care, and any special medical, educational, or developmental needs. A parenting schedule that works for a toddler may not be the same schedule that works for a teenager. Parenting time arrangements should be considered in light of the specific children and family involved.
2. Consider the Parents’ Work Schedules and the Children’s School Schedule
A workable Illinois parenting time schedule should account for each parent’s employment obligations and the children’s school and activity schedules. Parents should consider school start and dismissal times, daycare or childcare arrangements, extracurricular activities, homework, transportation, and the distance between the parents’ residences. A proposed 50/50 parenting schedule may sound equal on paper but may be difficult to implement if a parent’s work schedule, travel obligations, or distance from the children’s school makes frequent exchanges impractical. When negotiating parenting time, the actual day-to-day logistics of the schedule are important.
3. Understand Parenting Time and Decision-Making Responsibilities
Parenting time and significant decision-making responsibilities are related but distinct issues under Illinois law. Parenting time generally addresses when the children are in each parent’s care. Significant decision-making responsibilities may address major decisions involving education, healthcare, religion, and extracurricular activities. Parents may share decision-making responsibilities, or one parent may be allocated decision-making authority in one or more areas. A parent having substantial or equal parenting time does not necessarily mean that the parents will share all significant decision-making responsibilities equally. When negotiating an Illinois parenting plan or Allocation Judgment, both parenting time and decision-making responsibilities should be addressed.
4. Decide Whether a 50/50 Parenting Schedule Is Workable
Many parents ask whether Illinois courts automatically award 50/50 parenting time. There is no automatic 50/50 parenting time schedule that applies to every Illinois divorce. The appropriate parenting arrangement depends upon the children’s best interests and the circumstances of the family. If parents are considering equal parenting time, they should evaluate the children’s ages, school schedule, the distance between the parents’ homes, each parent’s work schedule, transportation responsibilities, and the parents’ ability to implement the schedule. The goal should be a parenting schedule that is workable for the children rather than a schedule selected solely because it divides overnights equally.
5. Address Holidays, School Breaks, Summer Parenting Time, and Vacations
A comprehensive parenting time agreement should address more than the regular weekly parenting schedule. Parents should consider holidays, birthdays, Mother’s Day and Father’s Day, school breaks, Spring Break, Winter Break, summer parenting time, and vacations. The parenting plan should also address whether holiday parenting time supersedes the regular parenting schedule, when exchanges occur, how vacation notice is provided, and whether there are travel or itinerary requirements. Addressing these issues when negotiating parenting time can reduce future disputes and provide greater predictability for both parents and children.
6. Address Transportation and Parenting Time Exchanges
Transportation and exchanges are common sources of conflict in parenting time cases. An Illinois parenting time agreement may address which parent is responsible for transportation, where exchanges will occur, whether school or daycare exchanges will be used, and how delays or schedule changes will be communicated. Parents should consider the distance between their residences, work schedules, the children’s school, and the frequency of exchanges. Clear transportation provisions can help reduce disagreements regarding the implementation of the parenting schedule.
7. Consider Communication and Co-Parenting
Communication can be an important part of implementing a parenting time schedule. Parents may wish to address how they will communicate regarding the children, including whether communication will occur by email, text message, or a co-parenting application. Parenting agreements may also address access to school, medical, and activity information and communication between the children and the other parent during parenting time. When conflict is high, clear communication provisions may help establish expectations and reduce unnecessary disputes.
8. Consider Flexibility Without Creating an Unenforceable Parenting Schedule
Flexibility can be helpful in a co-parenting relationship, particularly when work schedules, school events, or special occasions require adjustments. However, a parenting agreement that simply provides that the parties will exercise parenting time “as agreed” may create problems if the parents later disagree. A clearly defined parenting schedule provides an enforceable framework. Parents can still agree to changes when appropriate, but the underlying parenting time order should clearly identify the schedule that applies when the parents cannot agree.
9. Consider Mediation When Parents Disagree About Parenting Time
Mediation may help parents resolve parenting time, parenting schedule, and co-parenting disputes without requiring the Court to decide every issue. During mediation, parents may discuss regular parenting time, holidays, transportation, decision-making responsibilities, communication, and other parenting plan provisions. Mediation is not appropriate or successful in every case, but it may provide parents with an opportunity to develop a more individualized parenting arrangement and reduce litigation regarding child-related issues.
10. Minimize Conflict and Focus on the Children
Divorce and parentage proceedings can be contentious, but ongoing parental conflict can make parenting time more difficult to implement. Parents should avoid using parenting time negotiations solely as leverage in financial or other divorce disputes. Respectful, child-focused communication and clear parenting provisions may reduce future disagreements. If serious concerns exist regarding a child’s safety, abuse, neglect, substance use, or another significant issue, those concerns should be addressed appropriately rather than treated as an ordinary scheduling disagreement.
11. Consider the Long-Term Needs of the Children
Children’s schedules and needs change as they grow. School schedules, extracurricular activities, developmental needs, and transportation requirements may change over time. When negotiating parenting time, parents should consider whether the proposed schedule is sustainable and how future changes will be addressed. Although a parenting plan cannot anticipate every future issue, clear provisions regarding notice, communication, and agreed modifications can help the parents manage changes as the children grow.
Can Parenting Time Be Modified in Illinois?
Parenting time may be modified in Illinois under certain circumstances. The legal standard and procedural requirements may depend upon the nature and timing of the requested modification.
A parent should not assume that a parenting schedule automatically changes because the parties have informally followed a different arrangement. If the existing Allocation Judgment or parenting time order no longer reflects the children’s needs or the parties’ actual circumstances, it may be necessary to seek a formal modification.
Requests to modify parenting time can involve changes to the regular parenting schedule, holidays, transportation, exchanges, school-related provisions, or other parenting plan terms.
An experienced Illinois parenting time attorney can review the existing parenting order, the requested changes, and the circumstances of the family to determine the issues that may need to be addressed.
Do I Need an Illinois Parenting Time Attorney?
Negotiating parenting time in an Illinois divorce can involve significantly more than deciding which parent has the children on particular days.
A comprehensive parenting plan or Allocation Judgment may address parenting time, significant decision-making responsibilities, holidays, school breaks, vacations, transportation, exchanges, communication, access to information, and other child-related issues.
An experienced Illinois divorce and family law attorney can help identify potential problems in a proposed parenting schedule, negotiate parenting time provisions, participate in mediation, and address disputed parenting issues in Court when an agreement cannot be reached.
Need More Information About Parenting Time in an Illinois Divorce?
If you are filing for divorce in Illinois, involved in a parentage case, negotiating a parenting time schedule, attending mediation regarding parenting time, or seeking to modify an existing parenting plan or Allocation Judgment, contact The Law Office of Tiffany M. Hughes, P.C.
Our practice is solely dedicated to divorce, family, and matrimonial law. We represent clients in Illinois matters involving parenting time, allocation of parental responsibilities, significant decision-making responsibilities, parenting schedules, 50/50 parenting time, mediation, parenting plan negotiations, and modifications of parenting time.
To schedule a confidential consultation with a licensed Illinois divorce and family law attorney, call The Law Office of Tiffany M. Hughes, P.C. at 773-893-0228 or email Tiffany Hughes directly at TiffanyHughes@thugheslaw.com.
About Tiffany M. Hughes, Esq.
Tiffany M. Hughes is the Managing and Founding Partner of The Law Office of Tiffany M. Hughes, P.C. and has dedicated her legal practice exclusively to divorce, family, and matrimonial law.
Ms. Hughes represents clients in all aspects of Illinois family law proceedings, including divorce, allocation of parental responsibilities, parenting time, parentage, child support, financial disputes, litigation, and mediation.
She has been recognized as an Illinois Super Lawyer and has received numerous professional accolades throughout her career.
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Use of this website does not create an attorney-client relationship between you and The Law Office of Tiffany M. Hughes, P.C. The information on this website should not be used as a substitute for legal advice from a licensed Illinois and/or Florida attorney regarding your specific circumstances.
Illinois and Florida law changes frequently, and prior articles may be affected by subsequent statutory amendments, court decisions, or other changes in the law. You should not draw legal conclusions regarding your specific case without consulting with a licensed Illinois attorney.
For questions regarding an Illinois and/or Florida divorce, family, or matrimonial law, contact The Law Office of Tiffany M. Hughes, P.C.