Will County Parenting Time Lawyer

Attorney for Physical Custody of Children in Family Law Cases in Joliet

When parents split up, they are often in disagreement about the amount of time that they will each be able to spend with their children. Issues related to what is known as the physical custody of children will often play a significant role in divorce cases, but unmarried parents may also encounter disputes in these matters. When addressing these issues, parents will need to work with an experienced family law attorney to determine how they can find solutions that will protect their children's best interests.

The law firm of Erin Webster O'Brien, P.C. has represented clients in multiple types of complex divorce and child custody cases. We can help you understand how the laws in Illinois apply to your situation, and we can advise you on how to reach agreements that will allow you to be the parent your children need and deserve. Whether we are working with you to negotiate a parenting plan, assisting with the process of reaching a settlement through mediation or collaborative divorce, or advocating for you during courtroom litigation, we will do everything we can to help you resolve child-related issues successfully.

Resolving Parenting Time Disputes

Traditionally, physical custody of children has been addressed by naming one party as the children's primary custodial parent and granting the other parent visitation time with the children. However, Illinois law has been updated in recent years to recognize that these situations are not always beneficial to children. In many families, both mothers and fathers play a major role in raising their children, and they will both wish to continue doing so after they are separated. Rather than stating that one party is the primary parent and implying that the other party will only have visits with children, parents will usually be recognized as equals, and the time that children spend with each parent is known simply as "parenting time."

Even if the allocation of parental responsibilities gives one parent the sole or primary authority to make decisions for children, the other parent will have the right to reasonable amounts of parenting time with the children. During a parent's parenting time, they will be responsible for providing children with the necessary care, including ensuring that they are properly clothed and fed, providing supervision, and attending to their medical needs, including making any decisions that are needed about emergency medical care.

Issues related to parenting time will be addressed in the parenting plan that will be included in the parents' divorce decree or child custody order. A parenting plan should specify:

• A schedule for when children will spend parenting time with each parent or the method that will determine how parenting time will be divided. Typically, this schedule will detail which days and times children will be in the care of each parent, and it should address regular weekdays and weekends during the school year, the time children will spend with parents during school vacations, and major holidays or other days that fall outside the regular schedule.
• Transportation arrangements for children, including when parents will pick up or drop off children at each other's homes or other locations. If necessary, the parenting plan may also address how parents will transport children to and from school or other activities.
• Rules for communication between parents and children. A parenting plan may specify what methods of communication will be appropriate, such as phone calls, video chats, or text messages, as well as the times when a parent can reasonably contact children during the other parent's parenting time.
• Whether parents have opted to address the right of first refusal. If parents choose to include this right in their parenting plan, they will usually state that any time that a parent is unavailable during their scheduled parenting time, they must first contact the other parent before making arrangements to have someone else care for the children.

Contact a Joliet Child Custody Attorney

Following your divorce or the end of your relationship, you will want to make sure you can continue to be the parent your children deserve. Attorney Erin O'Brien can advocate for your parental rights during legal proceedings, and she will help you create a parenting plan that protects your children's best interests when addressing issues related to parenting time. To set up a consultation and learn about how we can provide the legal help you need, contact us today at 815-727-2100.