Visitation (Parenting Time)
There may be no more important issue in any divorce than that of who gets custody of the children. However, if a parent is not careful they could potentially lose visitation rights. If you believe that your visitation privileges are in jeopardy, or if you want to ensure that your and your children’s interests are adequately protected, contact an experienced Chicago family law attorney at the law firm of The Taradash Group, P.C. today.Visitation Rights in Illinois
In Illinois, a parent not granted custody of their child is entitled to reasonable visitation. Under Illinois law, parents have an inherent right of access to their children. Courts rarely completely deny visitation rights. While the law uses the term “reasonable visitation,” there is no standard visitation schedule. Each case is unique as is each family and that’s why it’s important to work with one of our experienced attorneys when determining a healthy visitation schedule for you and your family. Visitation is a right that most non-custodial parent have, unless the court determines that visitation would be harmful to the child (physically, mentally, or emotionally). If this is the case, the court can either revoke or restrict visitation rights, but only after a full and complete hearing
The most important factor for the court to consider in this determination is the well being of the child. In that regard, visitation is not necessarily for the parent’s benefit, but for the child’s. For this reason, if visitation creates a threat to the child, the court will likely not permit it.When is Visitation not Appropriate?
Only in extreme circumstances will a court not allow at least some form of visitation. For example, substance abuse or mental illness alone will generally not disqualify a parent from having visitation time. However, depending on the specific circumstances, the visits may be limited in duration or in some other fashion.What Kinds of Restrictions May be in Place for Visitation?
If the court feels that the child should have a relationship with a parent, but is concerned about the parent’s influence on the child’s wellbeing, the court may allow restricted visitation. Most commonly, the following are methods to allow a restricted form of visitation:
- Prohibiting overnight visits;
- Requiring the presence of a third party (generally not the other parent);
- Prohibiting visitation in the parent’s home;
- Allowing for visitation only in the custodial parent’s home;
- Prohibiting visitation when the parent is under the influence of drugs or alcohol.
If you have recently lost your visitation rights, are fearful that they are about to be taken away, or simply want to ensure that your rights are competently represented, you should speak with a Chicago divorce lawyer as soon as possible. It is much better to try and prevent your visitation rights from being taken away in the first place than it is to try and get them back after they have been revoked, but we have experience handling family law matters in any stage. To learn more about visitation rights in Chicago, and to discuss the specific facts of your case, contact the law firm of The Taradash Group, P.C.. Our dedicated attorneys will work tirelessly to achieve your goals and outcomes. Contact us online, or call (312) 775-1020 today to schedule a free initial consultation.