Visitation refers to the time that the non-custodial parent has with the children.
The “non-custodial parent” is the parent who does not have physical custody of the children.
The visitation schedule is part of the Joint Parenting Agreement (which is incorporated into the Marital Settlement Agreement). The Joint Parenting Agreement is presented to the Illinois divorce court for approval.
Following is a sample visitation schedule ...............
1. The primary physical residence of the minor children shall be with the (Father/Mother). The minor children shall reside with the (Father/Mother) except for those times as set forth below when they shall reside with their (Father/Mother):
2. The children shall reside with the (Father/Mother) on alternating weekends, from Thursday after school until Monday morning, at which time (he/she) shall deliver the children directly to school. On one of (his/her) weekends each month, the (Father/Mother) shall have the children from Wednesday after school instead of Thursday as set forth above. Additionally, the (Father/Mother) shall have the children for dinner on every other Tuesday evening that precedes the weekend the (Father/Mother) is designated to have the children.
3. The parties shall alternate visitation with the minor children on the following holidays:
a. New Year’s Day;
b. Presidents’ Day;
c. Easter;
d. Memorial Day;
e. Fourth of July;
f. Labor Day; and
g. Thanksgiving Day
The (Father/Mother) shall visit with the minor children on holidays b, d, and f and on the children’s birthday in even-numbered years and on holidays a, c, e, and g in odd-numbered years. Notwithstanding anything to the contrary contained in this Article, the Father shall always have visitation with the minor children on the Father’s birthday and Father’s Day and the Mother shall always be with the minor children on the Mother’s birthday and Mother’s Day.
Except for Christmas and Christmas Eve, in the event that a given holiday is a Monday or Friday, the parent who is entitled to the holiday also shall be entitled to the attached weekend (including overnights). The other party then shall have the next weekend with the children, thus starting a new alternating-weekend schedule.
4. Christmas break shall be divided equally between the parties. In alternating years, one parent shall have the children on Christmas Eve and until 10:00 a.m. Christmas Day, and the other party will have the children beginning at 10:00 a.m. Christmas Day.
5. The parties shall split equally the children’s spring break vacation from school.
6. The children shall reside with the (Father/Mother) at such other times as the parties mutually agree.
7. Each parent shall refrain from discussing the conduct of the other parent in the presence of the minor children except in a laudatory or complimentary way.
8. Under no circumstances shall the question of child support, either as to amount, manner, or transmission of payment, be raised in the presence of the minor children.
9. Neither parent shall discuss any disputes he or she is having with the other either directly to or in the presence of the minor children. Both parents acknowledge the importance of protecting the children from any conflicts between themselves.
10. The minor children should be available at the time mutually agreed on between the parties for the beginning of each period of residence with the other.
11. Each parent shall inform the other, at all times, with reference to the children’s baby-sitter’s identity, address, and phone number.
12. Each party shall advise the other as soon as possible if he or she is unable to keep the planned time with the minor children.
13. Neither parent shall unreasonably question the minor children regarding the activities of the other parent.
14. Neither parent shall expose the minor children to any immoral conduct between the parent and any member of the opposite or same sex. Neither party shall allow an unrelated member of the opposite or same sex to spend the night in the presence of the minor children.
15. Either parent may temporarily take the minor children to another state for vacation or for other good reason with reasonable notice to the other parent. In that event, the party taking the children shall provide the other parent with a written itinerary and phone numbers where the children can be reached.
16. In the event either parent takes the minor children for an extended period to a place other than his or her residence, that parent shall inform the other parent of the minor children’s whereabouts (address and phone number).
The visitation provisions of the Joint Parenting Agreement are an important part of an Illinois divorce when children are involved. You should only work with a north suburban Chicago divorce attorney who has skillfully negotiated and prepared numerous visitation provisions of Marital Settlement Agreements. The Cook County and Lake County divorce lawyer of Sylvester Law Firm has such experience.
The North Shore of Chicago divorce attorney of Sylvester Law Firm invites you to call him at (847) 251 – 2999 or e-mail him at pss@SylvesterLawFirm.com to get answers to your important questions related to Illinois Divorce, Child Visitation, Settlement Agreements and Family Law.
