Can Illinois Courts Restrict Parenting Time?

parenting time, DuPage County family law attorneysWhen it comes to children of divorce, Illinois courts are not really concerned with either of the parents. The courts’ first and foremost concern is the children themselves and their well being. It is of the opinion of Illinois courts and Illinois law that children are best off having a close and loving relationship with both of their parents. This is why the Illinois Marriage and Dissolution of Marriage Act states that “it is presumed that both parents are fit and the court shall not place any restrictions on parenting time.” But because the courts’ primary concern is the children, they will, in fact, place restrictions on parenting time if they find that the child’s overall well being would be endangered by spending time with one or both of his or her parents.

Getting the Court to Place Restrictions on Parenting Time

It is the court’s assumption that the child will benefit the most from spending time with both parents. Sometimes, if one parent has the majority of parenting time (sometimes called the “custodial parent”) he or she will petition to have the other parent’s parenting time restricted or revoked altogether. A court will only grant a restriction on parenting time if, after a hearing is conducted, it finds that the child’s mental, emotional, physical or moral health would be endangered by spending time with the parent.

The court does not care if the “custodial” parent does not like the behavior or actions of the other parent – unless they can prove that the other parent’s behavior or actions are damaging to the child, the child will be able to spend time with that parent.

Types of Parenting Time Restrictions

Upon completion of a hearing, the court will determine whether or not restrictions on parenting time are appropriate. If the court finds certain things about the parent questionable, such as his or her living arrangements, the court can place restrictions on the type, duration or supervision of the parenting time. Restrictions on parenting time can include:

  • No overnight visits;
  • Supervised visits only;
  • Visits in the “custodial” parent’s home only;
  • Visits that take place outside of the parent’s home; or
  • Restrict visitation altogether.

Contact a DuPage County Parenting Time Attorney

Parenting time is a point of contention between many divorced parents. Illinois courts require you to attempt to go through mediation to come up with a parenting plan for your children, but if that fails, the courts will determine how parenting time is allocated. Most of the time, both parents will be allocated parenting time but the court does reserve the right to restrict parenting time if it is in the best interest of the child. If you and your ex cannot come to an agreement about a parenting plan, a skilled Aurora, IL parenting time lawyer can help you make those determinations. The Law Office of Matthew M. Williams, P.C. will help you fight for both you and your child’s best interests. To set up a consultation, call the office at 630-409-8184.

 

Source:

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt%2E+VI&ActID=2086&ChapterID=59&SeqStart=8350000&SeqEnd=10200000

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