As discussed in our previous post, a group of Illinois lawmakers and parental rights activists are trying to change the state’s stance toward equal parenting time. The proposed legislation would instruct courts to presume that a 50/50 division of parenting time is in the best interest of the children unless the parents can prove otherwise. The change could result in an increase in the number of 50/50 parenting agreements that courts approve. However, what are the logistical consequences of equal parenting time? There are ways that such a division changes how parents construct their agreements.

Parenting Schedule

An equal division of parenting time requires a more complex parenting time schedule than with a more traditional agreement. The parents can use:

A proposed bill in the Illinois House of Representatives has brought the debate over 50/50 parenting time arrangements to the forefront of family law discussions. The bill would create a legal presumption that it is in the best interest of children that parents have an equal share of parenting time after separation. Illinois courts currently presume the opposite when left to determine the division of parenting time. If passed, the law would be considered a win for fathers, who are less likely to receive a majority of parenting time when the time is unevenly divided.

Default Position

There is a consensus amongst parents and family law courts that children are best served when both parents are an active part of their lives. The disagreement is over how much parenting time each side needs to be an effective parent:

Children often experience the least amount of trauma from their parents’ divorce when it occurs before they are old enough to form memories. There will eventually be sadness and questions when they realize that a two-parent household is considered normal, but they do not grasp the immediate split between their parents. However, children become capable of noticing their parents’ divorce at a younger age than parents may expect. By age 2, children can start to create memories, some of which may be traumatic if they involve divorce.

Emotional Sensitivity

Toddlers are incapable of understanding a verbal explanation as to what a divorce is and why it happens. However, they can pick up on changes in their environment, such as:

A parenting plan sets the schedule for when children stay with parents who live apart, but Illinois courts generally presume that separated parents should be able to expand their parenting time when circumstances allow it. That is why some parenting plans include a right of first refusal for each parent. Special circumstances sometimes prevent a parent from being able to watch the children during his or her scheduled parenting time. The right of first refusal requires the unavailable parent to offer the other parent a chance to watch the children before asking a third party. Separating parents may agree to this provision because they know that the children are best off being with one of them. However, there are several variables to a right of first refusal provision that can cause disagreements.

Conditions

It may be impractical for a parent to be required to contact his or her co-parent every time he or she needs childcare. The co-parents must also decide how the transfer of the children would work. A right of first refusal provision includes conditions that clarify when and how the provision is used. This may include:

Families across the country have begun observing Lent, which may include periods of fasting and abstaining from vices. Parents who are serious about their faith choose to observe the Lenten traditions, while younger children are likely following the example of their parents. What if the children's parents are divorced and one chooses to not observe Lent? The parent who does observe Lent may be upset with the other parent for allowing their children to lapse in their Lenten commitments. This is just one example of how different religious beliefs can cause conflict between divorced parents. They may be less willing to tolerate each others’ differing beliefs than when they were married. Divorced parents should try to respect their religious differences for the sake of their children.

Legal Rights

In Illinois, the parent who receives a majority of the decision-making responsibilities is likely to be the one who chooses which religion the children will primarily follow. However, the other parent may still have the right to include the children in his or her own religious activities. A divorce court will not favor one parent’s religion unless it believes the religious practices are harming the children. Examples include: