Factors Influencing the Parenting Time Schedule
Under the Illinois Marriage and Dissolution of Marriage Act (IMDMA), divorcing parents are required to work on a parenting plan where both parties have to mutually agree on all of its aspects. Generally, a parenting plan comprises of a schedule for parenting time (formerly known as visitation), among other things, for taking care of children. The IMDMA statute, 750 ILCS 5/602.7, has guidelines for parents and courts, and requires including a caveat in case they are unable to cooperate. If the divorcing parents fail to reach an agreement regarding the parenting time schedule, the court reviews the situation of both parties, and make decisions based on what is best for the child.
There are a few factors you may have to consider when creating a parenting time schedule, including:
Vacations and Holidays
Holidays and vacations are an important aspect you need to consider when making a parenting time schedule, as they affect your own time off from work or other obligations. The primary holidays include Christmas, Thanksgiving, Labor Day, Independence Day, Memorial Day, and New Year’s Day. Some important events you may also want to consider include child’s birthday, both parents’ birthdays, St Patrick’s Day, Mother’s Day, Father’s Day, and several others. All this largely depends on what holidays and vacations your family used to celebrate during the course of your marriage.
Generally, it is best to have a regular schedule where both parents agree to take turns or any other way to manage parental responsibilities of their child. However, certain situations arise during the year where one parent may have to go out of city or country for work and the other parent may have to fill in for them. It is best that you take into account such situations and how they will be dealt with at the time of creating a parenting time schedule to avoid any unnecessary problems in the future.
Right of First Refusal
The term right of first refusals refers to handling child care when it affects one of the spouses’ parenting time. Both parties may decide mutually on terms and conditions for dealing with such situations, but courts get the power of make the determination if they are unable reach an agreement. With right of first refusal, one parent has to make an offer of taking the opportunity to provide child care to the other parent, or otherwise agree to get a babysitter or caretaker to overlook the child for that particular duration. The other parent has the right to either accept or refuse the offer.
Whether you are going through a divorce or planning to file for one, it is best that you work with your spouse and figure out the details of what will happen to your children after the marriage has been dissolved. It is recommended to work with an experienced family law attorney who will help you to negotiate and reach a settlement amicably. For more information, contact the Law Office of Fedor Kozlov, P.C. today at (847) 241-1299 to schedule a free initial consultation with our experienced parenting time attorney.