Do I Have a Right to Parenting Time?

 Posted on July 14, 2025 in Child Custody

Whether you are going through a divorce with children or are involved in a post-divorce custody dispute, you may have some pressing concerns about the allocation of parenting time (formerly known as "visitation"). Inevitably, you will have to juggle exercising your rights as a parent while also doing what is best for your child. During this stressful time, a skilled Will County, IL child custody lawyer can work to ease your concerns.

At the Law Offices of Tedone and Morton, P.C., we have the experience and legal knowledge to advocate for you in all matters of child custody. Our attorneys can advise you of your parental rights and negotiate for an appropriate split of parenting time.

What Illinois Law Says About Child Custody

In Illinois, neither fathers nor mothers are given special treatment in regard to child custody. The law presumes that both parents are fit to take care of the child unless proven otherwise, giving both parents an equal right to see and take care of the child.

In practice, this means that the court must respect your rights as a parent when making custody decisions. However, the child’s best interests always come first. As such, it is advisable to work with your co-parent to reach a parenting plan that serves your child’s well-being. At the Law Offices of Tedone and Morton, P.C., we can represent you in negotiations for parenting time.

Can Parenting Time Be Adjusted?

An existing order of child custody can be modified in Illinois, with some restrictions. If both parents agree on a proposed change in parenting time, the order can be modified at any time. Before the courts permit any change in a parenting time schedule, the change must be determined to be in the child’s best interests. Determining your child’s best interests is hyper-specific to your situation.

To petition for a modification, you must show that there has been a substantial change in circumstances. Common reasons for modifications include a change in the child’s health, a parent starting a new job, or a parent relocating. Our lawyers can represent you in a hearing to modify child custody, whether you are for or against the proposed modification.

Can I Lose My Right to Parenting Time?

In extreme situations, the court can revoke a parent’s right to parenting time. For instance, if a parent neglects or abuses the child, his or her parenting time could be reduced. The court also has the authority to terminate a parent’s rights if he or she is found to be totally unfit.

In order to terminate a parent’s rights, it must be shown in court through clear and convincing evidence that he or she is a danger to the child. At Law Offices of Tedone and Morton, P.C., our attorneys can advise you of how to respond to serious allegations. We can also represent you in proceedings to restore your right to parenting time.

Contact a Plainfield, IL Child Custody Lawyer Today

At the Law Offices of Tedone and Morton, P.C., we know how meaningful the allocation of parenting time is for you. When you work with our firm, we will handle your case with the delicate approach it deserves. Call our offices at 815-666-1285 to schedule a free consultation with one of our Will County, IL family law attorneys today.