Illinois courts allocate parenting time according to the best interests of the child. In an attempt to serve the child’s best interests, the legal system encourages parents to formulate an agreed parenting plan that is a product of their wishes as opposed to a plan implemented by the court since the parents are more familiar with their child’s needs and their own ability to the spend time with the child. However, if the parents are unable to submit a written parenting plan agreement that the court approves, the court takes it upon itself to allocate parenting time.
In Illinois, parents are required to attend mediation to afford parents the opportunity to find a parenting time schedule that works for both of them. Dustin Koth and Kristin Nieminski are among a small group of divorce lawyers in Bloomington, IL who are Parenting Time Mediators certified by the 11th Judicial Circuit Court Of Illinois, the McLean County Bar Association, and Resolve Conflict, LLC. For a detailed description of the mediation process, see Divorce & Family Law Mediation in Illinois.
The court presumes both parents are fit to spend time with your child and thus the court doesn’t place any restrictions on parenting time, unless it finds by a preponderance of the evidence that the child’s physical, mental, moral, or emotional health would be endangered by spending time with one or both of the parents.
The factors for allocating parenting time are listed below.
(1) the wishes of the child, taking into account the child’s maturity and ability to express reasoned and independent preferences as to decision-making;
(2) the child’s adjustment to his or her home, school, and community;
(3) the mental and physical health of all individuals involved;
(4) the ability of the parents to cooperate to make decisions, or the level of conflict between the parties that may affect their ability to share decision-making;
(5) the level of each parent’s participation in past significant decision-making with respect to the child;
(6) any prior agreement or course of conduct between the parents relating to decision-making with respect to the child;
(7) the wishes of the parents;
(8) the child’s needs;
(9) the distance between the parents’ residences, the cost and difficulty of transporting the child, each parent’s and the child’s daily schedules, and the ability of the parents to cooperate in the arrangement;
(10) whether a restriction on decision-making is appropriate under Section 603.10;
(11) the willingness and ability of each parent to facilitate and encourage a close and continuing relationship between the other parent and the child;
(12) the physical violence or threat of physical violence by the child’s parent directed against the child;
(13) the occurrence of abuse against the child or other member of the child’s household;
(14) whether one of the parents is a sex offender, and if so, the exact nature of the offense and what, if any, treatment in which the parent has successfully participated; and
(15) any other factor that the court expressly finds to be relevant.
If you (or someone you know) need a divorce attorney in Bloomington, IL, contact the family law firm of Koth Gregory & Nieminski at 309-828-5090. Let us ease your burden and be your advocate.
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