DuPage County Parenting Time Lawyers

Attorneys for Visitation Disputes in Wheaton, Naperville, and Surrounding Areas

Under the best of circumstances, parenting can be exciting, rewarding, exhilarating, exhausting, and stressful, often all at the same time. Parenting after a divorce can be even more challenging, especially for parents with relatively limited access to their children. At McSwain Nagle Giese & Rapp, P.C., our experienced family law attorneys are committed to helping you protect your parental rights and to obtain the parenting time arrangement you and your children deserve.

Visitation and Parenting Time under Illinois Law

Several years ago, the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5) was amended to update the language used to describe the relationship between a divorced or unmarried parent and his or her child. For decades, a parent with comparatively fewer parental responsibilities was known as the "non-custodial parent" and was presumed to have rights of visitation with his or her child. While the terminology was not a problem in every situation, many non-custodial parents felt that the entire concept of "visitation" portrayed them as outsiders to their own children.

Today, the terms "custodial parent" and "non-custodial parent" are no longer used to describe either parent's rights and responsibilities under Illinois law.  The parent who is given the majority of the parenting time may be considered the child's custodian for the purposes of school enrollment and other considerations, but both of a child's legal parents are referred to simply as "parents" when it comes to parenting time. Regardless of how parental responsibilities are divided, each parent is presumed to have reasonable rights to parenting time in recognition of the important role he or she plays in raising the child.

Creating a Parenting Time Schedule in Kane County

According to Illinois law, parents who wish to share parental responsibilities regarding their children are expected to develop a comprehensive parenting plan. If the parents can reach a reasonable agreement on the terms of the plan, it will generally be approved by the court. In situations where the parents cannot come to an agreement, the court will establish a parenting plan based on the best interests of the children. In either situation, a parenting plan will address a parenting time schedule. Depending on your circumstances, your parenting time schedule can be very specific, or your plan could include a flexible method for creating a schedule on a weekly or monthly basis.

At McSwain Nagle Giese & Rapp, P.C., our skilled attorneys will work closely with you in analyzing your situation. We will help you create a parenting time schedule that meets your needs and serves your child's best interests. We will negotiate in good faith with your child's other parent and his or her attorney, but we are fully prepared to take your matter into the courtroom as well.

Legal Counsel in Naperville for Protecting Your Child

Our lawyers realize that, in some cases, restricting or limiting the other parent's access to your child may be necessary. Illinois courts are hesitant to infringe on the rights of parents, but if you fear that the other parent's parenting time presents a danger to your child, we will help you take action. We will assist you in petitioning the court to require supervision or limiting parenting time to keep your child safe. Taking action on your own can jeopardize your rights as well, and we will do everything we can to further your best interests and those of your child.

At our firm, our attorneys have more than 100 years of combined family law experience that we are ready to put work in helping you protect and exercise your parental rights. If the other parent is keeping you from seeing your child regularly, we can assist you in taking the necessary steps to rectify the situation. On the other hand, if your parenting time was restricted for legitimate reasons and you are ready to show that the restrictions should be lifted, we are prepared to advocate on your behalf.

Call 630-407-1200 Today

If you would like to learn more about your rights to parenting time in Illinois, contact our office. Call 630-407-1200 to schedule your free, no-obligation consultation today. At our firm, we serve mothers and fathers in Wheaton, Glen Ellyn, Naperville, Glendale Heights, Carol Stream, Warrenville, Winfield, Kane County, Kendall County, Cook County, and DuPage County.