Schaumburg Visitation Attorney

Help with Visitation and Child Custody Throughout Illinois

Adjusting to life after divorce is challenging. Living arrangements change and new homes are established, requiring parents to determine where their children will live and when they will spend time in each home. At the law office of Anderson Attorneys, P.C., we can help you make sound decisions for the placement and well-being of your children. In child custody matters, we employ vast family law experience, and we share great concern for families, regardless of where each family member resides. We seek amicable solutions, but if we must handle the issues in court, we are formidable representatives.

Understanding Child Custody and Visitation

Child custody is usually divided into two separate, but related, issues. Legal custody addresses how parents will make decisions related to how their children will be raised. Physical custody refers to where children will live and when they will spend time with both parents. In Illinois, legal custody is known as the "allocation of parental responsibilities, and parents are able to share these responsibilities in most cases. Physical custody is known as parenting time, although it is commonly referred to as visitation.

What Is Parenting Time?

In a divorce or family law case, one parent's home will be named as the children's primary residence. However, this is done for school registration purposes rather than to specify that either parent is the "custodial parent." The time children spend at either parent's home is known as parenting time. Parents have the right to regular, reasonable parenting time, regardless of the final decisions about the allocation of parental responsibilities. When addressing parenting time, a daily/weekly schedule will need to be created specifying the days and times that children will spend time with each parent. Holidays, school vacations, and other important days will also need to be addressed, and in many cases, different holidays are alternated between parents each year. During their periods of parenting time, parents will be responsible for providing for children's needs, and they will have the right to make decisions about issues such as emergency medical care, discipline, bedtimes, and activities.

Visitation Rights

Visitation rights are available to biological parents, but they may also be available to extended family such as grandparents, siblings, and even stepparents. Although parenting is a right protected by law, it may be denied or restricted for several reasons including:

• Physical, emotional, or moral endangerment of a child
• Termination of the parental rights of a biological parent when the child is adopted by another party
• Restrictions put in place by the court due to repeated violations of the terms of the parenting agreement

Unless the best interests of a child are being compromised, a parent cannot refuse to allow the other parent to have parenting time. Personal disputes, disagreements about parenting, or unpaid child support are not valid reasons to refuse visitation. If your child can clearly communicate their feelings about spending more or less time with the other parent, you may want to consider requesting a post decree modification to make changes that reflect your current situation. If you feel that your child is at risk or that you are wrongly being kept away from your child, you need a knowledgeable attorney who can help protect your rights and the rights of your children.

Illinois laws govern child removal in situations where parents share custody, since it may greatly impact parenting time for the other parent. Removal involves the relocation of a parent to a new home either outside the state of Illinois or within Illinois and a certain distance away from where the parent currently lives. The state requires the relocating parent to notify the other parent and receive approval for the move from their local family court. In some cases, parents may be able to agree to relocation terms, while in others, they may need to resolve these matters in court. If you need help protecting your parenting rights in light of a possible removal, seek the guidance of Anderson Attorneys, P.C..

If you have questions about visitation/parenting time, contact us at 847-850-8899 to schedule a free consultation and learn how we can assist you. From our office in Schaumburg, we serve clients throughout the Chicago area.