A Parent’s Guide to Child Custody Rights and Visitation in Illinois
When parents decide to live apart, the primary concern is always the children’s well-being. The laws in Illinois address child custody rights and visitation by focusing on a structure designed to support the child’s best interests.
As Lake County family law attorneys in Illinois, we have years of experience guiding parents through these sensitive matters. At Manassa Wieczorek, P.C., we know how to protect your rights and help you secure a positive arrangement for your children.
If you have questions about your family’s future, call us today at (847) 221-5511.
How Do Illinois Courts Decide on Parental Responsibilities and Parenting Time?
When parents cannot agree, the court must intervene. The single guiding principle for the court is summed up in this legal standard: acting in the “best interests of the child.” This is a legal standard supported by specific factors outlined in the Illinois Marriage and Dissolution of Marriage Act (IMDMA).
Some of the key factors considered by the court include:
- The wishes of the child, taking into account the child’s age and maturity.
- The physical and mental health of the parents and the child.
- The ability and willingness of each parent to foster a loving and supportive relationship between the child and the other parent.
- Each parent’s past and present involvement in caretaking responsibilities.
- Any history or threat of domestic violence by either parent.
- The child’s adjustment to their home, school, and community.
- The distance between the parents’ residences and the practicality of the proposed parenting time schedule.
The Role of a Guardian ad Litem (GAL)
In some contested cases, particularly those with serious allegations, the court may appoint a Guardian ad Litem. This is an attorney specifically tasked with representing the child’s best interests, not the interests of either parent.
The GAL acts as the court’s eyes and ears. The GAL’s process will typically involve conducting interviews with the parents, the child (if old enough), and sometimes teachers, therapists, or other relevant individuals. They will then review documents and evidence before making a formal, written recommendation to the court.
The Parenting Plan: Your Roadmap to Co-Parenting
While some cases require a judge’s ruling, the vast majority—more than 90%—are settled by the parents through a mutual agreement. This agreement is formalized in a document called a Parenting Plan. This is a legally binding document that outlines how you and the other parent will raise your child after separating.
In Illinois, all parents in a case involving parental responsibilities are required to create and submit a Parenting Plan to the court within 120 days of the case being filed. If you and the other parent can agree on all the terms, you can submit a single, joint plan. If you cannot agree, each of you will submit your own proposed plan to the court, and a judge will decide the final terms.
What Must Be Included in a Parenting Plan?
We will ensure your Parenting Plan is comprehensive and addresses all legally required elements under 750 ILCS 5/602.10. These include:
- Allocation of Significant Decision-Making: A clear outline of whether one or both parents will make decisions about education, health, religion, and extracurriculars.
- A Detailed Parenting Time Schedule: This schedule should be specific, outlining regular parenting time during the school year and a separate schedule for holidays, school breaks (like winter and summer vacation), and other special occasions.
- Relocation Clause: Provisions defining what happens if a parent wants to move a significant distance, including notice requirements.
- Future Modifications: A process for how you and the other parent will resolve future disputes or make changes to the plan as your child grows and circumstances change.
- Right of First Refusal: As mentioned earlier, this determines who will care for the child if a parent is unavailable during their scheduled parenting time.
- Communication: Guidelines detailing how and when parents will communicate about the child.
Common Conflicts and Challenges in Child Custody Rights and Visitation
What Happens if We Cannot Agree on a Parenting Plan?
The court will likely order you to attend mediation. A neutral, third-party mediator helps facilitate a conversation to find common ground on the disputed issues. Research suggests that mediation is highly effective, with success rates frequently reported at 70% or higher. Mediation is confidential and can be a less contentious and more cost-effective way to reach a lasting agreement.
What if the Other Parent Is Not Following the Parenting Time Order?
A court order is not a suggestion. It must be followed. If the other parent is not complying with the parenting time schedule, it can be frustrating and harmful to your child.
- Try This: First, document every instance of denied parenting time—write down the dates, times, and any reason given by the other parent. This log can become important evidence.
- Do Not: Withholding child support or denying parenting time in return is a huge mistake. Taking matters into your own hands can put you in violation of the court order, damaging your own credibility with the judge.
- Legal Action: If informal communication does not solve the problem, we can file a motion with the court to enforce the order. A judge has the power to order makeup parenting time, require the non-compliant parent to pay for your attorney’s fees, and impose other penalties to ensure future compliance.
What if I Want to Move with My Child?
In Illinois, a parent with the majority of parenting time or equal parenting time cannot simply move away with the child. The law, found at 750 ILCS 5/609.2, defines this as “relocation.”
- Specific Distances: A move is considered a relocation if you live in Cook, DuPage, Kane, Lake, McHenry, or Will counties and want to move more than 25 miles away. For all other Illinois counties, the distance is 50 miles. Any move outside of Illinois that is more than 25 miles away also qualifies as a relocation.
- The Process: Obtaining permission requires either getting the other parent’s written consent or filing a formal petition with the court. If you must go to court, you have the burden of proving that the move is in the child’s best interests.
Modifying Your Parenting Plan and Allocation Judgment
Life is not static. A Parenting Plan that worked perfectly for a toddler will almost certainly not work for a teenager with a job and social life. Illinois law allows for modifications to your court orders, but you must meet specific legal standards to do so.
When Can You Modify a Parenting Plan?
To change your allocation judgment or parenting time schedule, you must typically prove to the court that there has been a “substantial change in circumstances” since the last order was entered. The modification must also serve the child’s best interests.
Examples of a what may be considered a substantial change include:
- A significant and lasting change in a parent’s work schedule.
- A parent’s remarriage or the introduction of a new partner into the home.
- A change in the child’s needs as they grow older (academic, medical, or social).
- A parent’s desire to relocate.
- Serious concerns about the child’s safety or well-being in one parent’s home.
The Two-Year Rule for Decision-Making
Generally, a motion to change the decision-making arrangement cannot be made for two years after the initial order is entered.
The Exception: This two-year waiting period can be waived, but only under serious circumstances. You must present evidence to the court that there is reason to believe the child’s current environment may seriously endanger their physical, mental, moral, or emotional health. This is a high bar to meet, making it all the more important to get legal assistance immediately if you believe your child is in danger.
Secure Your Child’s Future with Manassa Wieczorek, P.C.
Building a stable and positive future for your child is the ultimate goal. The legal framework in Illinois is designed to help you do just that by focusing on cooperation and the child’s welfare. You do not have to handle the stress and complexity of this process alone. Let us help you create a plan that protects your parental rights and serves your child’s best interests. Call Manassa Wieczorek, P.C. today at (847) 221-5511 to discuss your case and learn how we can assist you.
