Divorcing Your Spouse Doesn't Mean You Are Divorcing Your Children

Divorcing spouses who are also the parents of young, minor children often have to struggle with how parenting time, or visitation, will be allocated. The questions that may be racing through their minds might be: Will my spouse and I eye to eye when it comes who the kids will live with? What happens if we cannot agree on which parent will be the “residential” parent (who the child or children live with)? When will mom or dad have visitation? Can the kids spend a weekend with a grandparent from time to time? What if my spouse or I want to spend visitation time with the kids with a significant other? Can I take my child on vacation after the divorce? Can I get a  babysitter to watch the kids if needed while I am at work? Though most parents strive to make decisions that protect the emotional well-being of their children, it can sometimes be difficult for mothers and fathers to relinquish to any degree their unfettered ability to spend time with their kids. You don’t have to struggle through this alone.

Parenting Time Opportunities and Option

Parenting time arrangements are eminently customizable and are determined by the unique circumstances of the family involved. Under Illinois law, parental visitation rights are considered nearly indestructible, and non-custodial parents will in almost all cases be granted the right to spend time with their children, even if it must be supervised. Among the more common types of visitation arrangements in Illinois are:

  • Equal co-parenting involving a 50-50 time split
  • Extended or summer vacation time
  • Every-other-weekend arrangements
  • Visitation during the week
  • Holiday parenting time
  • Unencumbered telephone or online contacts


Post-Agreement Issues There are often situations in which initial visitation or parenting time agreements no longer suit the parties involved, and require alteration. Job switches or losses, new marriages, the birth of half-siblings and other changes in circumstances may prompt one or both parents to seek adjustments in visitation schedules. Such requests must be handled formally before the court through the filing of an appropriate motion. When you need to secure approval for changes to an existing parenting time agreement, you owe it to yourself and your children to get the very best legal representation possible.

Parental visitation matters are among the most emotionally intense issues involved in divorce cases.  Ensuring children’s emotional stability and maintaining continuity of family relationships is critical in the aftermath of a divorce.

As a sole practitioner, Ms. Cadiz offers an unrivaled level of personal service, assuming full responsibility for all legal document preparation, communication, and court appearances. Contact us at either our Schaumburg or Itasca office for an initial consultation.

Carol O'Connor Cadiz
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Attorney & Owner at O'Connor Cadiz Law: Bankruptcy, Injury, Real Estate & Mediation