How Does Visitation Work If We Have Joint Custody?

 Posted on March 09, 2025 in Child Custody

Divorce brings many challenges, but for parents, nothing is more important than ensuring they can still spend meaningful time with their children. When parents share joint custody, one of the biggest concerns is how parenting time, formerly known as visitation in Illinois, will be structured. Who gets weekends? How are holidays divided? What happens if schedules change? If you find yourself asking these questions, an Illinois child custody lawyer can help you create a fair schedule that also prioritizes your child’s best interests.

What Is Joint Custody?

In Illinois, child custody is legally referred to as the allocation of parental responsibilities. It is important to note that joint custody does not necessarily mean a child will spend equal time with both parents. Instead, it means both parents share decision-making authority on key issues like education, healthcare, and religious upbringing.

Parenting time, on the other hand, refers to the actual time a child spends with each parent. Even if parents share joint custody, one parent may still have more parenting time than the other based on what supports the child's best interests.

How Is Parenting Time Determined?

The Illinois Marriage and Dissolution of Marriage Act states that the courts will determine parenting time based on what is best for the child. Factors that influence this decision include:

• The child's needs and preferences (if they are old enough to express them)

• Each parent's ability to provide a stable home environment

• The child's relationship with each parent

• The mental and physical health of both the parents and the child

• Each parent's willingness to encourage a relationship between the child and the other parent

What Are Common Parenting Time Schedules?

Parents are encouraged to create their own parenting time schedule through negotiation or mediation. While there is no one-size-fits-all schedule, some common arrangements include:

• Week-on, week-off: The child alternates spending one full week with each parent.

• 2-2-3 schedule: The child spends two days with one parent, two days with the other, and then a long weekend with the first parent. The schedule then flips the following week.

• Extended weekends: One parent has the child during the week, while the other has him or her on weekends and possibly one weekday overnight.

• Custom schedules: Parents can create unique schedules based on their work hours, the child's school and activities, and other factors.

Can Parenting Time Be Modified?

Parenting time schedules can be modified if circumstances considerably change. For instance, a new schedule may be necessary if one parent moves, switches jobs, or the child's needs change. Parents can agree on changes and submit them for court approval, or if they cannot agree, one parent may petition the court to request a modification.

What Happens if a Parent Does Not Follow the Schedule?

If a parent consistently refuses to follow the parenting time order, the other parent can take legal action. The court may enforce the order in several ways, such as holding the non-compliant parent in contempt, ordering make-up parenting time, modifying the existing schedule, or imposing fines and penalties. Taking these steps helps ensure that both parents adhere to the arrangement and that the child's best interests are protected.

Contact a Kane County, IL Child Custody Attorney

Creating a fair and effective parenting time schedule is crucial for both parents and children. If you need help understanding your rights or modifying an existing arrangement, a St. Charles, IL child custody attorney at Goostree Law Group can assist you. Call 630-584-4800 to schedule a free consultation and protect your parenting time.