Bill in favor of equal parenting time reintroduced in Illinois House

Saxe Law divorced parents not required to pay tuition

Bill Moved to Family Law Subcommittee

House Bill 185, sent to the Illinois Family Subcommittee on 2/8/2019, would amend the Illinois Marriage and Dissolution of Marriage Act by providing that unless the court approves a mutually agreed parenting plan, there is a rebuttable presumption in favor of equal parenting time.

The Illinois State Bar Association “opposes HB 185 in large part because it undermines the best interests of children standard [and] presumes a 50/50 division of parenting time regardless of the family situation and needs of the children.” Proponents, including fathers’ rights groups, support the bill as an extension of the positive trend toward shared parenting time schedules, an understandable position of any parent who loves his/her children and wishes to spend as much time with them as possible.

However, while there are undoubtedly countless situations where a 50/50 parenting time arrangement would be in a child’s best interests, reasonable minds surely can agree that the opposite is equally true. Because available information from other states with laws similar to HB 185 suggests that 50-50 parenting time presumptions are rarely rebutted in court, the logical and unfortunate conclusion is that many children in these states are forced to live under court ordered parenting time arrangements that are not in their best interests.

If you have questions about the allocation of parental responsibilities, parenting time, or another family law issue, contact Arlington Heights divorce lawyer David Saxe of SAXE LAW LLC at (224) 800-1351 or to schedule a consultation.