Parenting Time Restrictions In Illinois

 Posted on January 25,2023 in Child Custody

The term “parenting time” is described as the time a parent uses to look after their child after a divorc. It is recommended that both parents negotiate a parenting time agreement that is in the best interest of everyone. If they cannot agree, the court will be the one to determine what is best for the child. However, if there are safety concerns for the child spending time with one or both of their parents, then the court may order parenting time restrictions. In 2016 Illinois law changed making it more challenging to restrict parenting time. Illinois law defines a restriction of parenting time as; “any limitation or condition placed on parenting time” Illinois courts only order a parenting time restriction if unrestricted parenting time would “endanger the child’s physical, mental, moral, or emotional health.”

When Is Restricted Parenting Appropriate? 

The judge will be the ultimate decider regarding parenting restrictions. The parent who is seeking to restrict the other parent’s parenting time must be able to prove their concerns in court. Here are a few situations in which restricted parenting might be appropriate: 

• The parent has been convicted of a violent crime, especially if the crime was directed toward a child

• The parent has a substance abuse problem that endangers the child

• The parent has severe anger issues or has committed domestic violence towards their spouse or child

• The parent suffers from severe mental health issues that endanger the child

• The parent is not able to handle caring for a child who has special needs

What Do Parenting Time Restrictions Look Like?

If the court decides that the parent is a danger to their child’s safety, the court may decide not to allow any visitation at all. However, if the court ultimately decides to grant restricted parenting time, then some conditions may be placed on parenting time to ensure the safety of the child. These limitations may involve: 

• Supervised parenting time 

• Limited communication with their child 

• Prohibited from using or possessing any substances  

• Mandatory substance abuse treatment 

• Mandatory domestic violence prevention program 

• Reduced amount of parenting time 

• Little to no decision-making authority 

• Anything else that is in the best interest of the child

Contact a Family Law Lawyer in Kane County

If you are worried for your child's safety with their other parent, do not hesitate. With the help of Aurora divorce attorney Matthew M. Williams, he will help to make sure you petition the court for a parenting time restriction that is applicable for you and your family. Contact The Law Office of Matthew M. Williams, P.C. or call 630-409-8184 and get the support you deserve. 

Source: 

https://www.ilga.gov/legislation/ilcs/documents/075000050K603.10.htm