Chicago Parenting Time Attorney
Children are at the center of many family law disputes. While parents have every right to pursue parenting time, an abusive or unstable history may provide reason to have these rights limited. How can you ensure that your children will be protected? On the flipside, how can you prove that you are deserving of parenting time?
Nottage and Ward, LLP, is not your average family law firm. Listed by Martindale-Hubbell in its Bar Register of Preeminent Lawyers, the firm provides clients with effective legal representation by utilizing aggressive tactics and resources. We see time and time again how a cloud of emotions can make decisions difficult for our clients to grasp, and we’re here to help them and their children.
Chapter 750 Section 602.7 of the Illinois Compiled Statutes (ILCS) states that the court shall allocate parenting time (formerly visitation) according to the child’s best interests. It is presumed both parents are fit and the court shall not place any restrictions on parenting time unless it finds that a parent’s exercise of parenting time would seriously endanger the child’s physical, mental, moral, or emotional health. In determining the child’s best interests, the court considers a variety of relevant factors, including, but not limited to, the following:
- The wishes of each parent;
- The wishes of the child, taking into account the child’s maturity and ability to express reasoned and independent preferences;
- The amount of time each parent spent performing caretaking functions in the last 24 months;
- Any prior agreement or course of conduct between the parents relating to caretaking functions;
- The interaction and interrelationship of the child with his/her parents and siblings;
- The child’s adjustment to home, school, and community;
- The mental and physical health of all individuals involved;
- The child’s needs;
- The distance between the parents’ residences;
- Whether a restriction is appropriate;
- Physical violence or threat of physical violence by the parent directed against the child or other member of the household;
- The willingness of each parent to place the needs of the child above his/her own;
- The willingness of each parent to facilitate and encourage a close and continuing relationship between the other parent and the child;
- The occurrence of abuse;
- Whether one parent is a convicted sex offender;
- Any other factors the court finds relevant.
Aside from a non-allocated parent, grandparents, great-grandparents, and siblings (brothers, sisters, stepbrothers, or stepsisters) of a minor child may also request visitation by bringing a petition in circuit court. While visitation is defined as "in-person" time, qualifying individuals may request electronic communication either through telephone, electronic mail, instant messages, video conference, or additional technology. Chicago visitation issues are handled through child-allocation paternity or divorce proceedings. A petition for visitation with a child by an individual other than a parent must be filed in the county in which the child lives.
According to the Uniform Child-Custody Jurisdiction and Enforcement Act covered under Chapter 750 of ILCS, a court in Illinois that does not have the authority to modify a child-custody determination may issue a temporary visitation order enforcing a visitation schedule created by a court of another state or enforcing the visitation requirements of a child-custody determination of another state that does not present a specific visitation schedule. The court is expected to provide a detailed period of time in which the petitioner can obtain an order from a court that has jurisdiction to issue a child-custody determination. The temporary visitation order will stay in effect until an order is received from the other court or when the allotted period of time comes to an end.
When parenting time matters arise from divorce, domestic violence protection, separation, paternity, neglect, abuse, guardianship, or termination of parental rights, you need an experienced legal team that knows how to work together to provide you with rational solutions that will be in the best interests of the children.
No matter what you are facing, do not do anything rash. Help is available, and solutions to ensure the safety and well-being of your child are viable and within reach. Take control of your situation and call Nottage and Ward, LLP, at (312) 332-2915 to speak with a skilled family law attorney in Chicago. There is too much at stake not to.
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Leslie has been the strongest representation I could ask for
Leslie has been the strongest representation I could ask for in a very complicated, emotional matter. She has continuously looked out for my best interest and the best interest of my son. She is always prompt in getting back to me and in keeping me well informed about my case.
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