Navigating Parenting Time in Illinois During the Holidays.

The holiday season is usually a happy time. But for parents who are separated or divorced, it can also be stressful. You want your children to have a peaceful season. To do that, you need to understand the Illinois rules about parenting time.

This guide explains how Illinois family law handles holidays. It explains how to change a schedule and what to do in emergencies. I use these laws to help protect your time and your children in Central Illinois.

ILLINOIS LAW: WHAT IS BEST FOR THE CHILD

Illinois law cares about one main thing: what is best for the child. When a judge decides on a holiday schedule, they do not look at what is fair to the parents. They look at what helps the child feel safe and happy.

Under 750 ILCS 5/602.7(a), the court decides parenting time based on the child's best interests. To do this, the judge looks at specific factors listed in Section 602.7(b).

The judge looks at what the child wants, if the child is old enough. The judge looks at the mental and physical health of everyone involved. Most importantly, the judge looks at how willing each parent is to put the child's needs first. The judge also checks if each parent encourages a good relationship between the child and the other parent.

You should look at your holiday schedule the same way. A schedule that works for you might not be good for your child. If you and the other parent cannot agree, the judge will decide. The judge will use these rules to make a schedule that keeps your child's life stable.

HOLIDAY PLANNING: AVOID THE "EMERGENCY" TRAP

A common mistake parents make is waiting until December to fix holiday problems. You might feel that a fight over Christmas Eve is an emergency. But the court often disagrees.

Local courts have strict rules for what counts as an "emergency." Usually, an emergency must be something sudden that you did not see coming.

Judges often say "no" to emergency requests filed just days before a holiday. This is because the holiday is not a surprise. As one rule of thumb says: "You knew Christmas was going to be on December 25 this year."

If you file an emergency motion for a scheduling dispute you could have fixed months ago, the judge might not listen to it. The judge might also make you pay the other parent's lawyer bills for wasting time.

The lesson is simple. Read your parenting plan months ahead of time. If the schedule is confusing or needs changes, file a request to change it early in the year. Do not wait until the holidays start to talk to an Illinois divorce lawyer.

MODIFYING YOUR PARENTING SCHEDULE

Life changes. A plan that worked when your child was three might not work when they are thirteen. Illinois law allows you to change parenting time.

750 ILCS 5/610.5(a) states that parenting time can be changed at any time if circumstances have changed and a new schedule is better for the child.

This rule is easier to meet than the rule for changing who makes big decisions. You do not need to prove the other parent is dangerous. You just need to prove that life is different now and a new schedule helps the child. Common reasons for changes include a parent moving further away or a parent getting a new work schedule.

If you want a change, you must ask the court officially. You cannot just decide to change the schedule on your own, even if you think it is fair. The old order stays in effect until the judge signs a new one.

ENSURING SAFETY DURING THE HOLIDAYS

Schedule disagreements are rarely emergencies. But safety issues are different. The Illinois Domestic Violence Act protects children if a parent is dangerous.

750 ILCS 60/214(b)(7) allows you to stop the other parent from seeing the child in specific dangerous situations. You may deny access if the other parent arrives under the influence of drugs or alcohol. You may also deny access if they threaten the safety of you or the child, or if they behave in a violent way.

If you stop parenting time under this rule, you must be ready to prove these facts in court. This rule exists to protect safety. It is not for punishing a parent who is late or rude.

CONTACT A LOCAL FAMILY LAW ATTORNEY

The holidays should be peaceful. You can protect your rights and your child by understanding the law and planning ahead.

I fight for a schedule that lets you move forward with safety.

Contact me today to schedule your initial consultation. 

Andrew M. Wessler, Attorney at Law, 217-429-4296

www.amwesslerlaw.com