A lot goes into determining the right parenting time schedule for a child when his or her parents’ divorce. The goal of creating a parenting time arrangement is to meet all of the child’s needs: physical, emotional, academic, and social. The court also recognizes the importance that a child spend time with both of his or her parents when making this decision. However, how much time a child spends with each parent is determined by examining a specific set of factors (See 750 ILCS 5/602.7(b) and 602.8). As a parent seeking a favorable parenting time schedule, it is a good idea to familiarize yourself with these factors so you are able to prove the court that your desired schedule satisfies statutory guidelines.
Will my Child Have to Make a Significant Adjustment to Live with Me?
Being a child’s primary caretaker means that your child will live with you and attend the local school. Think about whether this would be a negative or difficult adjustment for him or her to make. Children often do best when there is little disruption to their normal schedules. However, sometimes moving to a new school means better academic opportunities. Other adjustments might include moving away from local friends and activities and integrating to a new household.
Will I Have to Relocate in the Foreseeable Future?
Recent changes to the Illinois Marriage and Dissolution of Marriage Act changed how parental relocation with a child is treated by the court. Now, parents in Cook, Kane, Henry, DuPage, and Will Counties may move up to 25 miles from their current residence to another location within Illinois without permission from the court. Parents in other counties may move up to 50 miles. Parents living near the borders of another state may move up to 25 miles from their current residence to another location out of state without court permission. In addition, if one desires to relocate outside of Illinois to a location beyond the 25 mile safe-harbor, you may only need to provide written notice if your ex-spouse does not object. If you have a job that you know will bring you beyond this limit in the next few years, this is an issue to consider when seeking significant parenting time with your child. You might have to get permission from the court later to make your move.
Who Lives in My Home?
Consider who lives in your home with you when seeking parenting time. If you have a partner or other housemate who has a history of domestic abuse, violence or criminal activity, your home might not be the best place for your child. Similarly, if your child has a poor relationship with a member of your household or your house is too small to accommodate your child as a permanent, regular member, it might not be in his or her best interest for your home to be his or her primary home.
Work with a Deerfield Child Custody Attorney
As a parent, going through a divorce and facing your life after divorce is hard. It is hard to think about not seeing your child every day. But do not think this means that you will not continue to have a meaningful relationship with your child — contact me today to schedule a free legal consultation to discuss your divorce case and how you can prove that you are a fit parent whose child would best be served by a significant amount of parenting time with you. I am an experienced child custody attorney who can help you through the divorce process.
