In Illinois, parents have many important issues to resolve during the divorce process, not the least of which is creating a parenting time schedule. Decisions about parenting time will affect the daily lives of both parents and children, so it is important to reach an agreement that meets everyone’s needs and allows for positive parent-child relationships and effective co-parenting. 

Understanding some of the basics of parenting time can help you approach this issue in your divorce.

Parenting Time Replaced the Concept of Visitation

Before 2016, Illinois family courts would often grant one parent primary physical custody and the other parent visitation. However, the state legislature recognized that this language tended to favor one parent unnecessarily. It was not reflective of the degree of involvement that most parents have in raising their children during a marriage and after a divorce. As a result, the term “visitation” is no longer used, and both parents are instead allocated a share of parenting time.

In an ideal world, every divorced or separate couple would put their differences aside and make great efforts to effectively co-parent their children. Unfortunately, the world is quite far from ideal. Some parents are narcissistic or vengeful. Some are abusive. In either case, the healthy parent is hindered in their co-parenting efforts, and the child may suffer. Parallel parenting may be a solution to these difficult situations. 

What is Parallel Parenting?

Parallel parenting requires each parent to focus on their own interactions with the child. You do not concern yourself with the rules at your ex’s house. You let go of concerns over diet, bedtimes, and discipline (unless there is abuse, in which case you are encouraged to talk to an attorney about your options). In short, you do you and allow the other parent to do the same.

While it may seem strange to let go of what happens when your child is away, odds are, the other parent also wants what is best for the child. They may not make the same decisions that you would, and their rules may be different, but that does not necessarily make them wrong. 

Matters pertaining to children tend to be some of the most sensitive issues in divorce - and rightfully so. The child’s mental and emotional state, academic performance, and future potential are all at risk. Thankfully, studies show that ample time and continued support from each parent can improve the outcome for children of divorce. 

Not sure how to determine how much time each of you should have? Afraid you may be selling yourself (or your child) short? Check out these eight factors and consider them when drafting your Illinois parenting plan for some guidance. Also, learn how a seasoned family law attorney can protect the best interests of both you and your child. 

1. Age and Temperament of the Child

While studies suggest that children of all ages can handle overnight stays away from home, infants and toddlers may struggle to adjust in the beginning. Younger, school-aged children may need a consistent and reliable schedule that minimizes stress and allows them to focus on their studies. Older children may have their own preferences regarding where they will live day-to-day, which should also be considered. However, they may not need the same regularity in their schedules as younger kids, so parents may be able to do more frequent exchanges.

The entire country is being advised to practice social distancing and quarantine procedures to prevent the spread of COVID-19. Parents who share children but live in separate households are both concerned and unnerved about what this could mean for their families. Check out these options for divorced, legally separated, and non-wed families parenting in separate households. 

Keeping Visitation Schedules the Same 

Many of the families that have not been affected by the virus are opting to keep their visitation schedule the same for now. Their children continue to transition between homes. As long as nothing changes, and each household practices social distancing or in-home quarantine, this should not be an issue, so long as no one becomes infected. Parents who continue visitation their schedules as they are may want to also develop a plan for handling a positive COVID-19 case within the family. Some things to consider include:

• Where the child will stay if one or both parents become infected,
• Who will care for the child if they end up contracting COVID-19, and
• How the family can still bond if forced to quarantine in separate households. 

Changing Visitation Schedules Under Quarantine

Families under full quarantine (mostly in high-risk areas) may want to consider changing their visitation schedule to reduce the chances of sending the virus to both homes. Incubation for COVID-19 is anywhere from seven to 11 days, so the most prudent schedule would likely be a two-week exchange. Parents can verbally make such an agreement verbally, but it is better to have a legal document in place, just to be safe. Your family law attorney can help. 

Divorce can be painful and confusing for any child, but most of them do eventually adjust. In contrast, children with special needs sometimes struggle to comprehend the reason why their family is fracturing. Worse yet, all the changes in their lives may cause them to regress or suffer from mental, emotional, or behavioral problems. Thankfully, parents can help ease the transition for their special needs children by carefully protecting their interests. 

Start with Communication 

When divorcing with a special needs child, communication is critical - and not just with your child. You also need to communicate with your spouse in a healthy, non-combative way. It is also important for you to effectively communicate with your attorney so that they can help you in drafting a parenting plan to suit your child’s specific needs. 

Implement Change Slowly (and Change as Little as Possible) 

Change can be difficult for children with special needs, and depending on the situation, it can lead to regression and other issues. Slow and gradual change can reduce the risk. It may also be possible to eliminate some changes. For example, parents might want to consider bird nesting - or, at the very least, keeping the child in the same home - until they have adjusted to the first set of major changes in their lives.