Is Illinois Now a 50/50 Custody / Parenting-Time State
Whether you are a married couple or an unmarried couple with children the issue of child custody is an important issue to consider if you separate. I sometimes get calls from clients who ask me if it is true what they have been told by family and friends that Illinois is now a 50/50 custody / parenting-time state. The simple answer is No. Nowhere in Illinois statutes or caselaw are you going to find a rule that states that the custody or parenting-time for a child shall be divided on a 50/50 basis. A Court has wide discretion to consider all of the relevant facts in a case and to consider a variety of factors in deciding how to allocate custody (now called parenting-time) between parents and the goal of the Court will be to do what is in the best interests of the children. Different judges may also have differing views on what is in the best interests of the children in any given case. There is caselaw that states that it is important and in the best interests of the children to promote a strong relationship and emotional bond with both parents. That means that both parents should have time with the children to promote that relationship. There are also, however, studies that would suggest that it is not the amount of time that you spend with a child that is essential to form a strong bond and it is more important that you spend quality time you spend with the child. That means a judge will not necessarily be counting every hour in a year to make sure that each parent has exactly 50% of the parenting time. In fact, when parents demand exactly 50% parenting-time from a judge in an improper manner, it conveys to the judge that the parents are more concerned about their own rights and what they are entitled to rather than focusing on what may be best for their children. Some factors that may be considered in allocating the parenting-time. One factor is the pattern and practice the parties have followed in the past. If, for example, one parent has been a primary caretaker for the last decade, and the other parent was the primary wage earner and continues to work in a time-demanding job, a judge may decide that it would be best for the children to primarily reside with the past primary caretaker. Another consideration may be whether a 50/50 arrangement would require the children to move to another residence or school. A judge may be reluctant to make children move half of the time to a new residence or make a move that would require then to change schools. This does not mean that a 50/50 parenting arrangement is not possible and cannot in certain cases be in the best interests of children. A 50/50 parenting arrangement may or may not be a good idea for your family. The custodial arrangement is something that you need to approach with care and consideration and it should be properly presented to the Court addressing the relevant factors to ensure that the best interests of your children are protected.