Illinois Divorce Laws May Change in Favor of Equal Parenting Time

 Posted on February 20, 2020 in Child Custody

For many parents going through divorce, the biggest fear they have is that they will not be able to spend as much time with their children. This fear is an understandable one. Although the divorce laws in Illinois state that a parent’s gender should not be considered when making decisions about child custody, many judges still have a bias, even if they do not realize it. In many cases, parents worry that they will be treated unfairly when courts allocate parenting time, and they may be unsure of how they can protect their parental rights and ensure that the decisions made during divorce will provide for their children’s best interests. However, Illinois lawmakers are currently considering legislation that could change how parenting time is addressed in divorce and family law cases.

Are There Minimum Parenting Time Standards in Illinois?

Studies have found that it is in a child’s best interests to spend at least 35 percent of his or her time with each parent. However, under Illinois law, there is no minimum requirement for the amount of parenting time that should be allocated to a parent. The Illinois Marriage and Dissolution of Marriage Act (IMDMA) states that parents are presumed to be fit to care for their children unless there is evidence to the contrary. However, parents are only entitled to “reasonable” amounts of parenting time, and the IMDMA does not specify a minimum amount or percentage of parenting time that is considered reasonable. Because of this, Illinois has received a ranking of C- from the National Parents Organization in its Shared Parenting Report Card. Clearly, there is work to be done in the state regarding shared parenting, and some lawmakers are attempting to address this issue.

House Bill 0185

A bill has been introduced to the Illinois House of Representatives that would change the way judges decide on parenting time in the state. House Bill 0185 would require judges to begin a child custody case with the presumption that it would be in children’s best interests for parents to share equal amounts of parenting time, as long as each parent is fit and able to care for his or her child. If, after reviewing the facts of the case, a judge determines that one parent should have less parenting time than the other, he or she would be required to provide a written explanation for the deviation from this presumption. The goal is to reduce the amount of conflict in divorce and child custody cases and make them easier and fairer for everyone involved, while protecting children’s best interests at all times.

Contact a Rolling Meadows Divorce Attorney

Although the laws regarding child custody may soon change in Illinois, parents may still struggle to receive the amount of parenting time they deserve. If you need to address legal issues related to child custody and parenting time, skilled Hoffman Estates child custody lawyer Nicholas W. Richardson can provide the sound legal advice and dedicated representation you need. Call our office today at 847.873.6741 to schedule your free consultation.

Resources:

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

https://www.nationalparentsorganization.org/images/2019_NPO_Shared_Parenting_Report_Card_v11_10172019.pdf