Aurora Family Law Attorney
Parenting time is the amount of time the residential and non-residential parent will have with the minor child(ren). Parenting time can be set up in many different ways to fit the parenting needs of the child and the schedules of both parents. The parties can agree on a visitation schedule and submit the agreement via a parenting plan. If the parties cannot agree on the issue of parenting time, a court may order a visitation schedule for both parties.
Non-custodial parents have an absolute "right" to parenting time or child visitation, unless otherwise ordered by a court or if the child is being abused by either party. As children grow older, their parenting needs may change, and a previously filed parenting plan may no longer fit the best interests of the minor child. In these instances, parenting time orders may be modified to suit the best interests of the minor child.
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Understanding Parenting Time
Parenting time schedules can be determined simultaneously with decision making authority issues over the minor child. Once a parent has been designated as the custodial parent for school purposes, the non-custodial parent will usually have a set parenting schedule in order to avoid conflicts with the custodial parent. If the parties choose to agree to residential custody and parenting time, they can memorialize their agreement in the form of a parenting plan. This parenting plan is required to be submitted to the court within 120 days after service of summons. The parenting plan will specify the dates and times in which both parents shall exercise their "parenting time."
If the parties cannot agree to a visitation schedule, the court will order a child visitation schedule for both parents. In these instances, a court may specify whether the child visitation will be supervised or unsupervised, the dates and time of the visitation, and who will be responsible for drop-off and pick-up of the minor child(ren). When the parties are contesting these aforementioned issues, a Guardian Ad Litem will be appointed to conduct an investigation to determine what is in the best interests of the minor child. The guardian ad litem will then submit a written or oral report to the Court.
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The Law Offices of David Lee is available in Kane, Kendall, Dupage, and Dekalb Counties