How Is the Quality of a Parenting Time Relationship Defined?

 Posted on July 21, 2016 in Child Custody

When the court determines appropriate parenting time and parenting responsibility arrangements for divorcing couples, it considers multiple factors. These factors are outlined in the Illinois Marriage and Dissolution of Marriage Act. Examples of these factors include the child's personal needs, each parent's income and assets, the other individuals present in each parent's household, and the quality of the child's relationship with each parent.

As you can see, one of these factors is not like the others. The court can quantify each parent's annual income and expenses and determine the child's personal needs in concrete terms, but qualifying the child's relationship with each of his or her parents is much more difficult. What makes a quality relationship? How can the court find one relationship to be stronger than another, when every relationship that exists is unique?

Attachment and Bonding

These two phrases are often used when making determinations about a child's relationship with his or her parent. The following aspects are examined to determine a child's bond to each parent:

• The persistence of the child's bond with the parent;
• The endurance of this bond between the child and parent;        
• Whether the bond is linked specifically to that parent, rather than being interchangeable between multiple adult figures;    
• The emotional significance of this relationship to the child;        
• Whether an involuntary separation between the child and parent would cause distress to the child; and    
• The child's pursuit of security and comfort in the relationship.  

Not only are these factors examined, but care is taken to preserve this relationship and promote its maintenance through a parenting time agreement that allows the child to spend quality time with both of his or her parents.

When a Parent and Child Have No Relationship

There are cases where a child does not have a relationship with one of his or her parents, sometimes because of the choices made by the estranged parent or the child's other parent and sometimes due to issues beyond their control, such as incarceration. Even in cases like this, the court tries to develop parenting time arrangements that are in the child's best interest, which is usually to have a relationship with both parents. Sometimes, a limited relationship is in the child's best interest because of issues in one parent's life like addiction, criminal activity, or a history of violence or abuse. In cases like this, the court may restrict the time the parent spends with the child.

Work with an Experienced Kane County Family Attorney

Determining parenting time is rarely simple. Your relationship with your child is unique and when you go through a divorce, this relationship will inevitably change. For legal guidance and representation as you complete the divorce process and any legal processes that follow, such as modifying your parenting time agreement to accommodate changed circumstances, contact our team of experienced Kane County family lawyers at The Goostree Law Group to schedule your free legal consultation in our office.

Source:

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2086&ChapterID=59&SeqStart=8300000&SeqEnd=10000000