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Naperville Child Visitation Attorneys

Parenting Time Lawyers in DuPage County

Legally, a parenting plan must uphold the best interests of the child(ren). In most instances, this translates to frequent, consistent, and uninterrupted contact between each parent and the children. So, the order should be straightforward, enforceable, and workable. Parents typically have the flexibility to make temporary and informal modifications by mutual agreement; for example, a visitation plan may need to be synchronized with a soccer schedule.

The professionals at Pesce Law Group, P.C. have years of experience in Illinois family law, so they know what provisions to include and which ones to avoid. Working together, we can introduce an element of stability into situations that are inherently volatility. If necessary, we can then litigate for your interests in court.

Schedule

The Illinois Marriage and Dissolution of Marriage Act does not set forth a default schedule for visitation, now called parenting time, so it is up to the parents to compose a calendar that accounts for:

  • Weekly Schedule: On a weekly basis, the parent with less parenting time often has the child(ren) on the first, third, and fifth weekends and for two or so hours on a midweek evening.
  • Summer Schedule: The parent with less parenting time typically takes the children anywhere from two to six weeks in the summer, and the parent with more parenting time has the option to exercise weekend visitation during that period.
  • Holiday Schedule: Birthdays, Thanksgiving, Christmas, and other holidays are typically either divided each year or awarded on an odd/even-numbered year basis.

This plan varies with age and distance. For example, very young children are not ready for overnight visits, and weekday visitation is not really an option if the parents do not live in the same vicinity.

A child support obligation is separate from the visitation schedule, and many judges take a very grim view of parents who deny contact based on delinquent payments. The parents usually share responsibility for pickup and dropoff on an equal basis, but a neutral location, such as a fast-food restaurant, a park, or a relative's home, is not uncommon.

Visitation and Parenting Time Provisions

Most divorce and parentage decrees include a right of first refusal: if a parent is unable to exercise their parenting time, for whatever reason(s), the other parent must be offered the option of being the preferred child care provider. Other common provisions prohibit alcohol or tobacco use while exercising visitation, having an overnight guest of the opposite gender, and stipulations for make-up visitation.

Supervised parenting time is appropriate in some limited circumstances. For example, a parent may need someone's help to care for an infant. If there are verified allegations of domestic violence, supervised visitation may occur at a friend or relative's home, at a public place, or at a county-run visitation center.

A parenting time plan must be both practical and equitable. For a free consultation with attorneys who offer solid advice and zealous representation, contact Pesce Law Group, P.C. at 630-352-2240. Mr. Pesce is a court-approved Guardian Ad Litem.

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