What Might Our Custody Agreement Look Like in Illinois?
When parents divorce or separate, one of the first questions they ask is how much time each of them will spend with their child. In Illinois, custody is divided into "parental responsibilities" and "parenting time." The court’s main focus when making these decisions is always the best interests of the child. While every family’s situation is unique, there are some common ways parenting time agreements are structured. A qualified Naperville, IL child custody lawyer can help you understand the possibilities and give you some realistic expectations.
How Do Illinois Courts Divide Parenting Time?
Under Illinois law (750 ILCS 5/602.7), judges must consider several factors when deciding parenting time. These include:
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Each parent’s involvement in the child’s daily life
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The child’s age, health, and needs
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The child’s school and activity schedule
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Each parent’s work schedule and availability
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Any history of abuse or domestic violence
The goal is to create a plan that supports the child’s stability, health, and emotional well-being while allowing both parents to remain active in the child’s life.
What Are Common Parenting Time Schedules in Illinois?
There is no one-size-fits-all solution for how unmarried parents can raise their children. Parenting time can be tailored to fit a child’s specific needs, such as medical appointments, extracurricular activities, or schooling. While parenting time plans vary widely, there are several common options that families tend to use.
Alternating Weekends
One parent has the child most of the week, and the other parent has alternating weekends and possibly one evening visit during the week.
Equal Time Split
Parents split time 50/50, often by alternating weeks or dividing the week into equal parts.
Weekday/Weekend Mix
One parent may have weekdays while the other has weekends, adjusted around work schedules.
Holiday and Vacation Rotation
Parents alternate major holidays and school breaks so both share important family time.
Can Parents Make Their Own Parenting Schedule?
Parents are encouraged to work together to create their own parenting plan. If the plan meets the child’s best interests, the court will usually approve it. Agreements may be worked out directly or through negotiation with the help of lawyers.
If parents cannot agree, the court will decide. Judges may appoint a Guardian ad Litem (GAL) or child’s representative to advocate for the child’s best interests. Attorney Don Pesce is a court-approved GAL, child’s representative, and attorney for the child in DuPage County, so he is uniquely experienced with advocating for a child’s needs. He is also court-approved to serve as a mediator in custody and parenting time matters, giving him unique insight into how courts evaluate these issues.
Contact a DuPage County, IL Parenting Plan Lawyer
If you are wondering what your custody agreement might look like, legal guidance can make all the difference. At Pesce Law Group, P.C., our Naperville, IL family law attorneys provide personal attention, practical advice, and strong advocacy at every stage of the process. Call 630-352-2240 today to schedule a free consultation so we can help you protect your parental rights and build a parenting plan that works for your family.