Why Parenting Time Is Different from Visitation

 Posted on June 27, 2019 in Children and Divorce

The terms “parenting time” and “visitation” are sometimes loosely interchanged with each other when discussing the allocation of parental responsibilities after a divorce or separation. When the children spend the majority of their time with one parent, the other parent may feel like they are seeing the children only during weekend visits. However, visitation is different from parenting time, both in legal definition and concept. Saying that your children visit you is demeaning to your relationship with them.

Legal Meaning

Illinois revised its Marriage and Dissolution of Marriage Act to replace the words “child custody” with “the allocation of parental responsibilities.” Parental responsibilities are made up of:

• Decision-making, which is the right to decide important issues regarding the children; and
• Parenting time, which is the regularly scheduled time in which a parent is responsible for caring for the children.

The written agreement that divides these parental responsibilities is called the parenting plan. There is a separate section in the law for visitation, which is defined as the time spent between a child and a nonparent, such as a grandparent, stepparent, sibling, or other designated parties. Nonparents can petition for visitation with a child if they can prove that it is in the best interest of the child or the parent has unreasonably denied them visits.

Concept

Illinois adopted the terms “allocation of parental responsibilities” and “parenting time” to reflect the equal importance of both parents after a divorce. Divorced parents must share responsibility for their children, even if one parent takes on a greater share of the responsibilities than the other. The term “visitation” implies that the children are guests in a parent’s home, instead of it being their home. This can diminish the parent’s role in the minds of both the parent and the children. Parenting time is not a special occasion. It is an extension of the parent-child relationship you had while you were living with your co-parent. Treating your parenting time as a visit may make it more difficult to have normal interactions with your children and to discipline them when necessary. When a guest is visiting your home, you feel the need to entertain them because your time is temporary. A parent-child relationship should feel permanent.

Contact a St. Charles Divorce Attorney

One of your goals when creating a parenting plan should be to try to maintain the same parenting relationship with your children, despite your new living situation. A Kane County divorce lawyer at Goostree Law Group can guide you in determining a healthy division of parenting time. To schedule a free consultation, call 630-584-4800.

Source:

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2086&ChapterID=59&SeqStart=8300000&SeqEnd=10000000