217-854-2602
In Illinois, the law provides that a court must allocate parenting time according to the child’s best interests if the parents are unable to agree on a parenting plan. If the parents agree on a parenting time schedule, the court must approve the plan.
In determining the child’s best interests for purposes of allocating parenting time, the court must consider the following factors:
- The wishes of each parent seeking parenting time.
- The wishes of the child, taking into a account the child’s maturity and ability to express reasoned and independent preferences as to parenting time.
- The amount of time each parent spent performing caretaking functions with respect to the child in the 24 months preceding the filing of any petition for allocation of parental responsibilities or, if the child is under 2 years of age, since the child’s birth.
- Any prior agreement or course of conduct between the parents relating to caretaking functions with respect to the child.
- The interaction and interrelationship of the child with his or her parents and siblings and with any other person who may significantly affect the child’s best interests
- The child’s adjustment to his or her home, school, and community
- The mental and physical health of all individuals involved the child’s needs
- The distance between the parents’ residences, the cost and difficulty of transporting the child, each parent’s and child’s daily schedules, and the ability of the parents to cooperate in the arrangement.
- Whether a restriction on parenting time is appropriate
- The physical violence or threat of physical violence by the child’s parent directed against the child or other member of the child’s household
- The willingness and ability of each parent to place the needs of the child ahead of his or her own needs.
- The willingness and ability of each parent to facilitate and encourage a close and continuing relationship between the other parent and the child
- The occurrence of abuse against the child or other member of the child’s household
- Whether one of the parents is a convicted sex offender or lives with a convicted sex offender and, if so, the exact nature of the offense and what if any treatment the offender has successfully participated in
- The terms of a parent’s military family-care plan that a parent must complete before deployment if a parent is a member of the military who is being deployed; and Any other factor that the court expressly finds to be relevant.
The attorneys at Brandenburg & Rees, LLP can provide specific advice tailored to your situation and provide detailed guidance based on the specifics of your case.
The materials provided on this website are for informational purposes only. These materials do not, and are not intended to, constitute legal advice.
