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Parenting Time Lawyers in Geneva, Illinois

Naperville Visitation Attorneys

Kane County and DuPage Attorneys for Visitation Disputes

In Illinois, the terms "child custody" and "visitation" have been replaced by the terms "allocation of parental responsibilities" and "parenting time," respectively. This change in language is part of a deliberate shift away from traditional ways of thinking about child custody to a more modern approach. Instead of one parent taking the role of the "custodial parent," and the other parent as an outsider who only has rights of visitation with the child, this new approach encourages both parents to be an active part of their child's life.

Emily Rapp at McSwain Nagle Giese & Rapp, P.C. has helped countless parents navigate a variety of issues relating to parenting time. Whether you want to negotiate a shared parenting arrangement, petition the court for all of the parenting time, or enforce an existing parenting time schedule, we are here for you. Our skilled family lawyers understand the importance of protecting the relationship between you and your child, and we will do everything we can to get you a favorable outcome in your case.

Helping Parents Resolve Child-Related Legal Disputes in Elgin

Divorcing parents in Illinois must file a parenting plan with the court that describes a parenting time schedule or a method for distributing parenting time. If they cannot agree on a parenting plan through negotiation or mediation, the court may need to intervene. Illinois courts make parenting time decisions based on many factors, including but not limited to:

  • Each parent's wishes
  • The wishes of the child, if he or she is old enough to express these wishes
  • How involved each parent has been in the child's life
  • Which parent has traditionally been the child's primary caretaker
  • The child's education and extracurricular activities
  • Each parent's work schedule and lifestyle

Although it is often assumed that courts favor mothers over fathers during custody disputes, Illinois law treats parents the same regardless of gender. However, if one of the parents has taken on a much greater share of parenting duties throughout the child's life, this could influence the court to assign him or her a greater share of parenting time. Parenting plans may be negotiated and settled upon by parents, or they may be determined by the court via an allocation judgment. Regardless of whether a parenting plan was the product of a settlement or allocation judgment, the plan represents an official court order that parents are required to follow.

Modifying and Enforcing a Parenting Time Order

Unfortunately, some parents do not comply with the terms of their parenting plan. While occasional late drop-offs or other minor deviations from the parenting plan are understandable, major deviations from the plan should not be tolerated. Not only does a parent's failure to comply with the parenting plan represent a violation of an official court order, but it also brings unnecessary chaos and confusion into the child's life. Section 607.5 of the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5/607.5) allows parents to bring a court action for the enforcement of an existing parenting plan. Emily Rapp at McSwain Nagle Giese & Rapp, P.C. is fully equipped to help you enforce a parenting plan that is not being followed by your child's other parent. If you need to adjust your current plan due to a change in circumstances, we can also assist with petitioning the court for a modification.

Skilled St. Charles Family Law Litigators

Attorney Emily Rapp is an accomplished family law litigation lawyer with years of experience handling even the most complex and contentious parenting time disputes. Emily Rapp at McSwain Nagle Giese & Rapp, P.C. knows that legal matters involving children and parental rights are intensely personal and highly emotional—the combination of which can lead to bitter battles between parents. With this in mind, we provide skilled representation and reliable guidance at all stages of the legal process, from initial negotiations to presenting evidence at trial. We know how important your time with your child is, and we will work hard to protect your rights.

Schedule Your Free Consultation

For help establishing a parenting time schedule, modifying or enforcing an existing parenting time schedule, or for other child custody needs, contact our office. Call us at 630-402-0185 and schedule a free consultation to discuss your case. Our law firm serves clients throughout Kane County as well as those in DuPage County, Kendall County, Naperville, Wheaton, St. Charles, Batavia, Elgin, and the surrounding areas.

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