Illinois Order For Visitation-Parenting Time

State:
Illinois
Control #:
IL-174-CSR212
Format:
PDF
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Description

Order For Visitation-Parenting Time

An Illinois Order For Visitation-Parenting Time is a court order that sets out the rights of each parent regarding their child’s contact with the other parent. This order is usually put in place to ensure that a child’s best interests are protected and that both parents have access to and time with their child. There are two main types of Illinois Order For Visitation-Parenting Time: Allocation of Parental Responsibilities (APR) and Joint Parenting Agreement (JPA). The APR is typically used when the parents are unable to agree on parental responsibilities, while the JPA is used when both parents agree on parenting responsibilities. In an APR, the court will determine the parenting responsibilities, such as who will have primary custody of the child, how much time the child will spend with each parent, who will make the decisions about the child’s education, health care, and extracurricular activities, and how the parents will share financial responsibility for the child. In a JPA, the parents agree on the parenting responsibilities and submit the agreement to the court. The court will review the agreement and approve it if it is in the child’s best interests. In either case, the court will issue an Illinois Order For Visitation-Parenting Time that sets out the specific rights and responsibilities of both parents. This order is legally binding and must be followed by both parents.

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FAQ

A court will order the parents to mediate the issue of visitation. The court will also require each parent to propose a visitation schedule. If the parents cannot agree on a parenting time schedule, the court will order a parenting time schedule based on the child's best interests.

The petition may be submitted independently or as part of a divorce, separation, order of protection or parentage case. You must file all forms electronically, unless you have been granted an exemption. Unless you qualify for a fee waiver, you will have to pay filing fees, usually around $300.

Generally, parents have every other weekend with the child, and perhaps more time during the week. There is no model visitation schedule in the law, and the parents are free to develop their own visitation schedule as long as it is in the best interest of their child.

If the court determines that visitation would seriously endanger your child's physical, mental, or emotional health, the noncustodial parent's parenting time rights may be restricted. Even in extreme cases, however, Illinois courts rarely deny parenting time entirely.

A custodial parent can't unilaterally restrict the other parent's visitation rights unless it's an emergency situation and necessary to protect the child. Visitation isn't for the parents, it's for the children and the court's primary concern is their welfare.

In most cases, a noncustodial parent is entitled to at least the minimum visitation schedule set forth under Illinois law with visitation one week night per week, overnights every other weekend, and an extended summer visit.

Generally, parents have every other weekend with the child, and perhaps more time during the week. There is no model visitation schedule in the law, and the parents are free to develop their own visitation schedule as long as it is in the best interest of their child.

What Are Fathers' Rights in Illinois? The Illinois Parentage Act of 1984 is a public policy that recognizes that every child has a right to the physical, mental, emotional, and monetary support of their father and mother.

More info

An order of custody gives responsibility for the care, control and maintenance of a child to one or both of the child's parents or to another party. Learn how child visitation works, including parents' and grandparents' visitation rights, parenting time agreements, enforcing visitation orders, and more.If there is no custody order, either parent can keep the child. Parenting plans must be in the best interest of your children. Until you have a court order, both parents have the same rights. Child custody can be decided amongst the parents through a voluntary agreement, which can be made into a family court order upon consent of the parties. The preferred method of the courts is generally to get the consent of the parents to a schedule that they both agree to for temporary orders. Custody orders last until a child turns 18, is emancipated, or the custody order is modified. A parent's or a child's circumstances might change over time. Family disputes can be complicated.

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Illinois Order For Visitation-Parenting Time