4 Common Questions About Parenting Time in Illinois

 Posted on January 28, 2026 in Family Law

When divorcing spouses share children, the divorce process becomes much more complicated. In addition to financial issues like property division, the couple must also address child-related concerns like how to allocate child custody and child support. A DuPage County, IL family law attorney can provide you with valuable insights, addressing any questions you may have.

At Goostree Law Group, we know how overwhelming the divorce process can be for parents. When you work with our firm, we will do everything we can to reduce the stress and uncertainty on your end, drawing upon decades of legal experience. Attorney Tricia Goostree has helped numerous families in difficult family law cases, including highly contested child custody matters.

How is Parenting Time Different From Child Custody?

One of the most complicated parts of a divorce is navigating the sea of confusing legal terms and language. In 2026, Illinois law no longer uses the term child custody. Instead, child-related matters are broken down into two parts: decision-making responsibility and parenting time. Decision-making responsibility gives a parent the ability to make important choices on the child's behalf. On the other hand, parenting time refers to the day-to-day care for the child. The parents will include their parenting time schedule in their parenting plan and submit it to the court for approval.

Parenting time does not have to be "every other weekend" for one parent. There are many options available, and the one that’s right for you depends on your family’s unique situation. Some families use a week-on, week-off schedule. Others use a 2-2-5-5 schedule, where the child spends two days with one parent, two days with the other, then a long stretch of five days that rotates. The exact plan can be very flexible as long as it serves the child’s best interests and is realistic for the parents. A parenting plan can also be modified later to suit the child's needs.

A parenting plan should also address holidays, birthdays, vacations, and school breaks. Additionally, clear rules for pick-up and drop-off times help prevent arguments and give the child structure and safety.

What Can I Do to Modify Our Parenting Time Order?

Changing work schedules and other issues may require a modification to the parenting time schedule. If you want to modify your parenting time order, you will need to show that there has been a substantial change in circumstances. You must also show that the proposed modification is in the child’s best interests (750 ILCS 5/610.5).

A change in circumstances can mean many things. A parent might start a new job with different hours, move to a new home, or develop a health condition that affects daily routines. The child’s needs may also change as he or she gets older, starts new activities, or struggles in school. The court will look at whether these changes are important enough to justify a new schedule.

If both parents agree on the new parenting time schedule, the process is much simpler. The parents and their attorneys can draft an agreed order and submit it to the court. A judge will still review the proposal, but an agreement between parents carries weight because it shows cooperation and planning. 

If the parents do not agree, the parent who wants the change will need to file a petition to modify parenting time. The court may hold hearings, review records, and listen to testimony. In any case, the judge will focus on what is best for the child. The court may factor in the child’s relationship with each parent, stability in each respective home setting, and how the proposed schedule will affect school and activities. In some cases, the court will appoint a guardian ad litem (GAL) to get a better understanding of the child’s needs.

Parents often go to mediation before the court makes a decision. Mediation gives parents a chance to address their concerns with the help of a neutral professional. Reaching a solution in mediation can save time, money, and stress, and it can reduce conflict for the child.

When Is Parenting Time Restricted?

Parents may be subject to certain restrictions if the court deems it necessary. The court will only impose a restriction if unrestricted parenting time could endanger the child’s physical or mental health.

Judges understand that children usually benefit from having a relationship with both parents. Restrictions are more likely when there are serious concerns about the child's welfare. Ongoing substance abuse, domestic violence, untreated mental illness, or a pattern of ignoring court orders may give the court reason to consider a restriction. The goal is to protect the child, not to punish the parent.

Restrictions can also involve rules about visits. The court may dictate where visits may happen, who may be present during visits, and whether overnight visits are allowed. In some cases, the court may temporarily stop parenting time until a parent completes treatment or counseling. If the parent follows the court’s orders and shows progress, restrictions may be reduced or lifted later.

How is Parenting Time Related to Child Support?

Many people assume that parenting time and child support are related. However, these are two completely separate matters. You cannot withhold a child from a parent just because the parent is behind on child support. On the other hand, a parent may not necessarily be entitled to parenting time just because he or she pays child support.

The amount of child support that a parent pays is based on the parents’ net incomes. The amount of parenting time that a parent is assigned does not directly influence child support. The one exception to this is if the parents each have the child more than 40 percent of the time. In shared parenting arrangements like this, child support may be reduced to account for the relatively equal amount of parenting time each parent is responsible for.

Contact a DuPage County, IL Parenting Time Lawyer

If you have questions about your parental rights, reach out to Goostree Law Group. Our Wheaton, IL family law attorneys can help you understand your options and address your needs. Call 630-584-4800 to set up a free initial consultation.