How Courts Determine Parenting Time in Illinois

Similar to how the court determines parenting responsibilities, parenting time is decided based on what is in the child’s best interests. If you and your spouse can’t come to a mutual agreement, then the court will come to their own arrangement by considering roughly seventeen factors individually.

These factors include:

  1. The wishes of both parents seeking parenting time.
  2. The wishes of the child if they are mature or able enough to express themselves.
  3. The time spent by each parent in taking care of the child previously.
  4. Any previous agreement between the parents or conduct as it relates to parenting time historically.
  5. The interaction and interrelationship of the child with the parent and or siblings or another person who significantly affects the child.
  6. The child’s adjustment to their home, school, and community.
  7. The mental and physical capacities of all parties involved.
  8. The needs of the child.
  9. The distance and cost or transporting the child to and from each parent’s residence
  10. Whether a restriction is currently in place on parenting time for either parent
  11. If there’s a history of physical violence or the threat of physical violence towards the child or any other household member
  12. Ability of the parent to put the needs of the child above their own needs
  13. The ability and willingness of each parent to foster and encourage a relationship with the other parent and the child
  14. The presence of abuse toward the child or any other household member
  15. If either parent is a convicted sex offender and if so the nature of the conviction as well as any treatment completed by the offender
  16. The terms of either parent based on active military duty by one or both parents
  17. Any other relevant factor as determined by the court

References: Helping Your Child Through Divorce

Plan ahead and be organized for court. Click this link and download a parenting plan template.

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