303 W. Main Street, West Dundee, IL 60118
 | 847-428-7725
Call for an Initial Consultation
Evening and Weekend Hours by Appointment
100 Illinois Street, Suite 200, St. Charles, IL 60174
 | 630-200-4882
By Appointment Only
Evening and Weekend Hours by Appointment
West Dundee, IL847-428-7725
St. Charles, IL630-200-4882
Facebook Twitter LinkedIn
Serving Kane, McHenry, DuPage and Cook Counties

Factors Used to Determine Parenting Time in an Illinois Divorce Case

Posted on in Child Custody

West Dundee divorce parenting time lawyerOne of the biggest concerns for divorcing parents is how no longer being married will affect their relationship with their children. Because both parents will likely be granted some parenting time and parental responsibilities, it is true that parents will probably see their children less than they did when they were married.

There are many misconceptions about how a court will determine these legal issues related to children. Many parents believe that a judge will assign the most parenting time to the parent who is the better person. For example, one may think that a parent who had an affair or a parent who has less money may not get as much parenting time.

This is not the reasoning that a court will use to determine parenting time, however. According to Illinois law, parenting time is determined based on what is in the best interests of the children. What is good for the parents or what is fair for the parents is not what the court will look at. By law, the courts must base decisions on what is best for the children.

To do this, Illinois law sets forth seventeen factors that a court can consider in making its determination of what is in the best interest of the child. These include:

  • The wishes of the parents;
  • The wishes of the child;
  • The amount of time each parent has spent with the child in the two years prior and what duties each parent was responsible for;
  • Past agreements or courses of conduct between the parents as to caretaking functions;
  • Relationships between the child, parents, siblings, and any other relevant people;
  • The child’s adjustment to home, school, and community;
  • Health -- physical and mental -- of all involved;
  • The child’s needs;
  • Distance between residences, ability to transport, all parties’ schedules, and the ability of the parents to cooperate;
  • Whether a restriction on parenting time is warranted;
  • Whether there has been physical violence or the threat of physical violence by the parent directed against the child or another member of the child's household;
  • If the parent can place needs of the child ahead of his or her own;
  • If the parent can encourage and facilitate a close, continuing relationship between the child and the other parent;
  • The occurrence of abuse against the child or another member of the child's household; and
  • Whether the parent is a convicted sex offender or lives with a convicted sex offender.

There are also special considerations for military families. In addition, the court may find other relevant factors specific to each case.

Contact an Elgin Parental Responsibilities Attorney

At the Law Offices of Benedict Schwarz, II P.C., we work hard to help our clients get the parenting time and parental responsibilities they desire in their divorce case. This is accomplished by making arguments based on the law to the courts. Our attorneys understand that these issues are immensely important to the lives of our clients, and we treat each case we handle with that in mind. Our firm’s experienced Kane County parenting time lawyers may be reached at 847-428-7725. Call us today for your complimentary initial meeting.



  • Illinois Best Law Firms
  • Super lawyers
  • Attorney Registration and Disciplinary Comission
  • Lawyers Association Program
  • Illinois State Bar Association
  • Kane County Bar Association
  • DuPage Bar Association
  • Martin Dale
  • aacfl
Back to Top