Once again a bill has been proposed in the Illinois House of Representatives to mandate equal parenting time in Child Custody Cases. The Law would have the court presume that both parents are fit and able to share decision making for their kids and split time with them on a 50/50 basis.
You are, however, allowed to try to convince the Judge that you can’t share decision making or that it is not in your children’s best interests that they spend half of their time with Mom or Dad.
If new Child Custody Bill becomes Law, you will have to show the Judge that, for example, one parent has a serious addiction problem that he or she can not control which interferes in a big way with their being able to effectively parent.
You will have to show the Judge that you can’t communicate effectively whatsoever.
Another example is that you may also have to show that the other parent has been abusive or neglectful with the children in the past and mandating that they spend 50% of their time with that parent would subject them to potential harm.
The real problem with the proposed new law is that you start out with an assumption that it is in the children’s best interests that Mom and Dad continue to make decisions together which can work in many cases but not in prolonged high conflict situtations.
You also start out with the even more dangerous presumption that splitting equal time between parents is always in the children’s best interests which is not the case and depends on each family situation.
This proposed legislation is something to watch very closely.