Oak Park, IL Parenting Time and Visitation Lawyers

Attorneys Representing Parents in High Conflict Divorce Cases in Cook County

As a parent, the choice to pursue divorce is often a difficult one, since it is likely to have a major impact on your children's lives, including their living situation and the time they spend with both you and your ex-spouse. When you are struggling to overcome the avalanche of legal issues involved in your divorce, you may worry about your ability to maintain a close relationship with your children. Representation by a skilled attorney is essential for ensuring that your parental rights are protected.

At Wakenight & Associates, P.C., our attorneys have more than 95 combined years of family law experience. We know how to resolve issues related to children in high conflict divorce cases, and we are dedicated to advocating for our clients' rights and securing a positive outcome that protects children's best interests.

Visitation/Parenting Time Under Illinois Law

When most people think of how child custody is handled during divorce, they picture a situation in which one parent has physical custody of the children, and the other parent is granted a certain amount of visitation time. However, these ideas are rooted in the past and based on situations in which one parent--typically the mother--would be the primary caretaker of the children, while the other parent would be more concerned with providing for the family's financial needs. This type of family arrangement has become less and less common over the past several decades, which means that divorces should be handled differently as well.

In most modern marriages, both parents earn an income and share equally in the responsibilities for raising children. As a result, the terminology and arrangements that were used in past divorce cases are no longer applicable. Illinois law has been revamped in recent years to reflect this, and the terms "custody" and "visitation" are no longer used. Instead, the law refers to the "allocation of parental responsibilities" and "parenting time."

These changes in the law recognize that both parents play a crucial role in raising their children, regardless of whether they are married or not. Rather than identifying one parent as the primary parent and allowing the other parent to have visitation time with their children, a divorce decree will now allocate parenting time between the parents. The parties' parenting plan will include a schedule specifying the time children will spend with each parent on a daily basis, as well as during holidays, school vacations, and other important dates.

Parents may be able to reach an agreement on how to divide parenting time, but if they are unable to do so, the matter may need to be resolved in court. In these cases, a judge will base their decisions on what is in children's best interests, and they will consider issues such as the amount of time each parent spent caring for the children within the past two years, the parents' ability to cooperate with each other, and whether either parent's parenting time should be restricted because of substance abuse, domestic violence, or parental alienation.

Contact a Chicago Parenting Time Attorney

When resolving issues related to children during divorce, you need a strong legal advocate on your side. Our attorneys will fight for your parental rights and work with you to reach an outcome that meets your family's needs. To schedule a complimentary consultation, contact us today at 708-480-9651. From our office in Oak Park, we represent divorcing parents in Maybrook, Chicago, Elmwood Park, Skokie, Riverside, Cicero, Forest Park, Berwyn, River Forest, and throughout Cook County.