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When Is Equal Parenting Time Appropriate for Children?

Posted on in Parenting Time (Visitation)

When Is Equal Parenting Time Appropriate for Children?Illinois law requires courts to divide parenting time in a way that is best for the children. There is a rebuttable presumption that the children are better off when one parent receives a majority of the parenting time because it is more stable than frequently transporting children between parents. A group primarily made up of fathers’ rights advocates has spent years trying to change that presumption so that an equal division of parenting time is the default. State legislators have introduced equal parenting time bills multiple times in recent years, but none of them have progressed to a full vote by either chamber. It is difficult but possible to get a court to approve a 50/50 division of parenting time. There is no denying that children benefit from having an equally strong relationship with both of their parents. Other factors determine whether equal parenting time is the best arrangement for the children:

  1. Parenting Cooperation: Parents with equal time with the children need to work together more often because shared decision-making often accompanies shared parenting time. The parents must communicate about their children and sometimes receive permission from each other to make decisions. An equal parenting time plan will collapse if you are constantly clashing with your co-parent.
  2. Proximity: An equal parenting schedule involves either frequent child exchanges or staying with each parent a week or more at a time. Either way, the schedule will put stress on the children unless the parents live near each other. Proximity will shorten the travel time between homes, making each child exchange less of an ordeal. You should ideally live within the same school boundaries to make school transportation easier.
  3. Availability: Parents with equal parenting time must both be available to care for the children. This may mean having a work schedule that is compatible with the children’s schedules and forgoing other activities when it is their time to be with children. It is not fair to the children to have equal parenting time but to frequently use childcare during your parenting time.
  4. Capability: Children are solely reliant on a parent during their parenting time. Each parent needs to be capable of protecting and nurturing their children on their own. A lapse in care or discipline between parents is harmful to the children.

Contact a DuPage County Divorce Attorney

The argument over equal parenting time is about which parenting arrangement courts should presume is best for children, not what the parenting arrangement should be for all cases. A Naperville, Illinois, divorce lawyer at Calabrese Associates, P.C., can help you determine what division of parenting time will be best for your children given your situation. Call 630-393-3111 to schedule an appointment.

Source:

http://www.ilga.gov/legislation/BillStatus.asp?DocNum=185&GAID=15&DocTypeID=HB&LegId=114046&SessionID=108&GA=101

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