Supervised Visitation and Other Parenting Time Restrictions in Illinois

 Posted on April 10, 2023 in Divorce / Family Law

Illinois courts make all child-related decisions based on one primary factor: the child's best interests. Courts typically presume that it is best for children to spend time with both of their biological parents. However, this assumption can be overcome. If a parent presents some type of risk or danger to a child, the court may implement a restriction or condition on that parent’s parenting time. Supervised visitation or supervised parenting time is one of the most common restrictions.

Read on to learn about the types of parenting time restrictions used in Illinois family law cases, the reasons that someone's parenting time may be restricted, and what you can do if you have concerns about your child's safety with the other parent.

Reasons the Court May Restrict a Parent’s Parenting Time

The court only implements parenting time restrictions if needed to protect the child's well-being. Often, parenting time restrictions are put in place because a parent has a substance abuse problem, serious mental illness, or other life circumstances that could potentially put the child in danger. Parenting time restrictions may also be put in place if the parent has been found guilty of a criminal offense involving a child.

However, courts require ample evidence before implementing a restriction. Unfortunately, some divorcing parents and those involved in child custody disputes make unfounded allegations against each other. Sometimes, the court will appoint a guardian ad litem to the case to gain further information about the reasons for and against parenting time restriction.

Types of Restrictions that May Be Put in Place

The types of parenting time conditions or restrictions that will be put in place depend on the specific facts of the case. Sometimes, the amount of parenting time a parent has with the child is limited or eliminated entirely. The court may require a parent to complete substance abuse treatment or counseling before enjoying unrestricted parenting time. Parenting time may also be supervised by a third party, such as a grandparent or court-appointed social worker.

Contact our Geneva Parenting Time Lawyer

Child custody disputes are notoriously multifaceted. It is hard for a judge to know exactly what is going on and what is in the child's best interests. If you have concerns about your child's safety when he or she is with the other parent, and you are interested in petitioning the court for a parenting time restriction, we can help. Our Kane County child custody attorney can also help you protect your rights if your own parenting abilities have been questioned or you are facing a parenting time restriction.

Attorney Cherissa "Reese" Loire Krajniak provides quality legal representation and dependable advice to parents in a range of difficult family law situations. Call Loire Krajniak Law, LLC at 630-448-2406 today for a free initial consultation.

Source:

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2086&ChapterID=59&SeqStart=8300000&SeqEnd=10000000