Visitation Rights & Regulations in Illinois
We Serve Clients in St. Charles & West Dundee
divorce, it is common for one parent to get sole physical custody of the child,
while the other gets regular visitation rights. Here at the Law Offices
of Benedict Schwartz, II P.C., we are devoted to helping individuals find
solutions to their various family law matters. We recognize that issues
involving children are especially sensitive, and give every client the
individualized attention and compassionate service they deserve.
The noncustodial parent has the right to reasonable visitation with the
children. What is considered to be reasonable depends upon the specific
circumstances of the situation. The custodial parent may be able to get
the other parent's visitation rights restricted if they are able to
show that it is necessary for the child's well-being. Even in instances
where there is a history of serious abuse, the court will still likely
allow for some visitation, although it will probably involve supervision
or other restrictions to ensure the child's safety.
The Child's Best Interest Always Comes First
Visitation is meant for the children, not the parents. No matter what the
situation entails, the child's best interest will always be the primary
focus. Generally, the court will start with the assumption that what is
in the child's best interests is having a healthy and close relationship
with both parents. In Illinois, the court can restrict the noncustodial
parent's visitation rights
only if the court finds—after a hearing—that visitation would put
the child's physical, mental or emotional well-being in serious danger.
In this situation, the
custodial parent must be able to prove to the court that the child's health will be
put in danger if the proposed visitation is granted. Reasoning such as
the custodial parent does not like the behavior of the noncustodial parent
is not good enough to forbid the noncustodial parent visitation. Only
extreme circumstances can justify why a parent would be permanently denied
visitation. For example, substance abuse or mental illness by themselves
are not reason enough to restrict visitation.
Ways the Court Can Restrict Visitation
If the court does decide that visitation must be restricted, the restriction
will be tailored to fit what the particular problem is.
Some ways that the court may restrict visitation include:
- Prohibiting overnight visits
- Requiring visits to only occur in the custodial parent's home
- Prohibiting a parent from contacting the child while the parent is under
the influence of alcohol and/or drugs
- Requiring visits only happen outside the noncustodial parent's home
- Requiring visits to be supervised by a third party
Get the Top-Notch Legal Counsel You Deserve
Grandparents, siblings, or other family members beside the parents do not
have a legal right to visitation. Under certain circumstances though,
a family member that has been denied reasonable visitation may file a
request with the court asking for a visitation order. If the court determines
that visitation is in the best interest of the child, they will issue
a visitation order.
Establishing visitation can be a difficult process to work through—especially
if the two parties are not able to amicably come up with an agreement.
Our West Dundee divorce lawyers have more than 40 years of experience,
and are prepared to assist you in whatever way we can. To schedule your
free initial consultation, be sure to
give our firm a call today!