The Law Office of Matthew M. Williams, P.C.

630-409-8184

1444 North Farnsworth Avenue, Suite 307, Aurora, IL 60505

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Yorkville divorce attorney parenting time

Two of the most contentious topics in marriage and divorce are finances and children. Tensions often run high when it comes to determining things such as allocating parental responsibilities and parenting time. After all, it is only natural for both parents to want to spend as much time with the child as possible, but after a divorce, it is unlikely that either parent will get as much time with the child as he or she wants. The general consensus is that it is in the child’s best interest to have a relationship with both parents, which is why the default decision for the court is to award parenting time to both parents. However, in some cases, there may be factors present that could cause the courts to restrict parenting time or order supervised visitation. 

What Is Supervised Parenting Time?

In most cases, parenting time is restricted because one parent expressed concern about the well-being of his or her child while under the care of the other parent. The court will order supervised parenting time if it finds evidence to prove that spending time alone with the parent would endanger the child’s physical or mental health or impede the child’s emotional well-being. Supervised parenting time means that a third party “supervisor” must be present during all parenting time. This supervisor can be a professional, such as a social worker or a behavioral specialist, or it can be a friend or a family member. Whoever the supervisor is, the court must approve the person chosen in the parenting time order. The order can also include other requirements such as:

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parenting time, DuPage County family law attorneysWhen it comes to children of divorce, Illinois courts are not really concerned with either of the parents. The courts’ first and foremost concern is the children themselves and their well being. It is of the opinion of Illinois courts and Illinois law that children are best off having a close and loving relationship with both of their parents. This is why the Illinois Marriage and Dissolution of Marriage Act states that “it is presumed that both parents are fit and the court shall not place any restrictions on parenting time.” But because the courts’ primary concern is the children, they will, in fact, place restrictions on parenting time if they find that the child’s overall well being would be endangered by spending time with one or both of his or her parents.

Getting the Court to Place Restrictions on Parenting Time

It is the court’s assumption that the child will benefit the most from spending time with both parents. Sometimes, if one parent has the majority of parenting time (sometimes called the “custodial parent”) he or she will petition to have the other parent’s parenting time restricted or revoked altogether. A court will only grant a restriction on parenting time if, after a hearing is conducted, it finds that the child’s mental, emotional, physical or moral health would be endangered by spending time with the parent.

The court does not care if the “custodial” parent does not like the behavior or actions of the other parent - unless they can prove that the other parent’s behavior or actions are damaging to the child, the child will be able to spend time with that parent.

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The Law Office of Matthew M. Williams, P.C.

630-409-8184

1444 North Farnsworth Avenue, Suite 307, Aurora, IL 60505

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