In Illinois, visitation is now called “parenting time.” Courts typically assume that it is in the child’s best interest for them to spend quality time with each parent, as long as this poses no risk to the child’s safety and well-being. However, there are also situations in which the courts may place conditions on parenting time, such as requiring a parent to abstain from drugs or alcohol prior to and during parenting time.
Who Has a Right to Parenting Time?
The biological parents of a child typically have the right to spend time with that child. However, if unmarried parents have a child together, a parent may need to establish parentage before gaining parental rights. For example, if an unmarried woman gives birth, the father must establish paternity before he gains the right to petition the court for parenting time and parental responsibilities. Parentage or paternity may be established through a Voluntary Acknowledgement of Paternity (VAP) document, an administrative process through the Illinois Department of Health and Family Services, or a judicial process through the court.
When Can a Court Restrict a Parent’s Visitation Rights?
Visitation or parenting time is not for the parents, but for the child.
Courts avoid restricting parenting time unless a restriction is needed to protect the child’s wellbeing. The following are examples of situations that may justify a parenting time restriction: