Proposed Shift in Custody Law to Shared Parenting

 Posted on March 22, 2014 in Divorce

The end of a marriage is an emotionally tumultuous time. This is especially true when children are involved. The prospect of fighting an ex-spouse in court over the legal and physical custody of shared children is overwhelming for most individuals. It usually represents a dramatic life change, affecting parents and children equally. While a court decision regarding child custody may solidify one parent’s relationship with their child, it could irreversibly damage the other’s. A recent article discussed the damage that this system could have on a family, and why courts should favor a shared parenting approach.

The Reality for Non-Custodial Parents Child custody and visitation schedules often result in one parent missing out on a significant portion of their child’s life. This affects not only the parent, but that entire side of the child’s family. Many times, a non-custodial parent is relegated to just a few hours per week and every other weekend to spend with their child. This is sometimes true even in cases where the non-custodial parent has provided care and been involved in the child’s life from the beginning. This schedule allows for very little quality time, and does not allow for the non-custodial parent’s meaningful contribution to their child’s life, which can prove damaging to both the parent and the child and negatively impact the child’s future relationships. Illinois’ Shared Parenting Bill Illinois House Bill 5425 is a proposal aimed at avoiding the damaging effects of a skewed custody arrangement. Under the bill, parents would have 90 days to reach an agreement regarding shared parenting. If they cannot do so, but are deemed to both be good and fit parents, the bill would guarantee the non-custodial parent be awarded at least 35 percent, and as much as 50 percent, of parenting time per week. The purpose of the bill is to promote equal bonding time between the children and both parents. The exact amount of time awarded depends on the best interest of the child or children involved. Although the bill has not yet been passed, it has gotten strong bipartisan support. Opponents of Shared Parenting While the bill may seem like a good idea, not everyone is behind it. Some say that divorce is a complicated issue and each situation must be determined on a case by case basis. While many child custody cases may support a more even split among parents regarding custodial time, not every case would benefit from the same. Opponents say it is best to leave the matter of ordering custody up to the discretion of the judge, who is in the best position to view the evidence presented and make an appropriate determination. Child Custody Attorney It is imperative to consult with an attorney experienced with child custody and support matters if you are a parent fighting for your children. At Davi Law Group, LLC, our attorneys have had successful results in representing clients in such matters. Please contact us for a consultation. We serve clients in Chicago, Wheaton, and Warrenville.