On January 1, 2016, the language contained within the Illinois Marriage and Dissolution of Marriage Act was altered to be less restrictive and remove the notion that a parent can somehow “win” or “lose” a custody order. Now, the terms used are “parenting time” and “parental responsibilities.”
But what do these terms mean? How are they different from the older terms of legal custody, physical custody, and visitation? It is important to understand what these terms mean for you and your child as you face the prospect of having your case determined by the court.
Parenting Time
Parenting time replaces the outdated notion of physical custody and visitation. It refers to the actual time that a child spends with each parent. The court determines parenting time by examining factors like the child’s relationship with each parent, the child’s access to academic and other support resources in each household, and any other members present in each household that can potentially harm or enhance the child’s quality of life.
An example of a parenting time agreement might be the child spending weekdays with one parent, then every second weekend and one night during each week with the other. Another example might be spending half of the week with one parent and half of the week with the other, if such an agreement would not disrupt the child’s school schedule. Parenting time agreements can differ during the summer, when school schedules do not need to be considered.
Parental Responsibilities
This term refers to the actual responsibilities that each parent holds regarding important decisions in the child’s life, such as where he or she will attend school and whether he or she will be raised within a certain religious tradition.
For example, one parent might have the responsibility to determine whether the child will participate in certain extracurricular activities while the other might have the responsibility to make medical decisions on the child’s behalf. In some cases these decisions can be shared by both parents.These determinations, much like the determination of an appropriate parenting time agreement for a child, are made by examining the factors present in the child and parents’ lives to determine an arrangement that is in the child’s best interest. Factors considered might include each parent’s access to necessary resources, each parent’s history of complying with the court and cooperating with the other parent’s wishes, and each parent’s history of making productive decisions. The child’s physical, emotional, and mental health are at the forefront of the court’s mind when making this determination.
Work with a Chicago Child Custody Attorney
As a parent, the thought of not seeing your child every day anymore can be devastating. But with help from an experienced family attorney, you can work out the best parenting time agreement possible for your child that provides the opportunity to build and maintain a consistent, quality relationship between you. Contact me today, an experienced Illinois family attorney, to schedule your free initial case evaluation to determine your options.
