Child custody is one of the most contentious aspects of divorce. As such, one would think Illinois has clear laws on the books indicating how parenting time should be divided between two divorcing spouses. However, it does not. Currently, the way time is split up among the parents remains at the judge’s discretion during court proceedings. A fathers’ advocacy group, Illinois Fathers for Equality, is trying to change that.
They want visitation time split up equally between both parents, with each parent spending 50 percent of their time with the child, and some lawmakers agree. House Bill 185, which would allow for the equal division, is now up for debate. If passed, both parents would automatically receive equal visitation time. If a judge decided to deviate from that idea, they would have to provide a clear reason for it.
“Right now, it is at the judge’s discretion, and the judge must take into consideration what is in the best interests of the child. A judge does not even have to give a reason for their decision” says Brian W. Reidy of Reidy Law Office, LLC. “The question becomes whether one person’s opinion should determine what is in the child’s best interests.”
At face value, the argument seems sound. The question becomes, is 50/50 visitation time always what is right for a child?
The argument against the bill is that it benefits parents rather than the child. It does not take into account the whole picture, simply assuming that equal time is in the best interests of the child. While that time is being divided though, the child is shuffled from place to place, adding a sense of instability in their world.
Of course, arguments for the bill refute that idea by saying it is in the best interests of the child. Failing to allow for it actually makes the child more insecure about their life and family. Children divide their time equally among the parents during the marriage. Disrupting that and significantly eliminating the amount of time they spend with one parent is a much bigger and more difficult change than being shuffled around town.
So, what side of the debate is House Bill 185 going to fall on? While lawmakers are still debating it, it looks as though it may have the same fate as a similar bill in 2018 that did not get passed. The General Assembly’s website shows that only 2,500 individuals currently support the bill, while 3,300 oppose it.
