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Child visitation can be one of the most contentious issues in a typical divorce situation. Many times after a divorce is finalized, events can happen that require a change to the original visitation agreement. Preserving your relationship with your child is extremely important, so you will not want to take any chances when pursuing a modification. People in Chicago who find themselves in this position will need a skilled family law lawyer to advise them. The attorneys at Taradash Given, P.C. will work hard to protect your interests in visitation cases throughout Illinois. We proudly represent clients in areas such as DuPage, Will, and Lake Counties.
A parent may petition a court at any time to modify visitation, as long as they show that circumstances have changed and that a modification will be in the best interests of the child. However, a court will generally not restrict a parent’s right to visitation unless it finds that visitation will seriously endanger the child’s physical, emotional, mental, or moral health.
When a party petitions a court for visitation modification, under the laws of Illinois, the court will weigh relevant factors, including:
As a general rule, the parent that seeks to modify an existing visitation arrangement will have the burden of showing that a modification will be in a child’s best interests.
In the extraordinary case that a parent seeks to restrict child visitation for the other parent, he or she must show by a preponderance of the evidence that visitation would seriously endanger the child. Courts require the parent to meet a very high standard before they will restrict visitation with a parent because there is a statutory right to child visitation. Additionally, there are strong public policy reasons for maintaining the relationship between a child and his or her parent. Supervised visitation is considered a restriction on visitation under Illinois law. Therefore, if a parent wishes to seek supervised visits, that parent will need to produce compelling evidence supporting such a request.
Visitation rights are strongly protected by Illinois law. If you wish to modify your current visitation agreement due to changed circumstances or endangerment, or if you believe your visitation rights are being jeopardized, contact an experienced family law attorney in the Chicago area as soon as possible. Taradash Given, P.C. knows how to protect your rights and is dedicated to working to solve your visitation issues. We are aware of the high stakes in these matters for parents and children, and we will spare no energy in learning about the details of your situation and representing you with the vigor that you deserve. Take a moment to complete our online form or call (312) 775-1020 to speak with one of our attorneys and set up a free initial consultation to discuss your case.