Things You Need to Know About Visitation Rights in Illinois 

 Posted on January 31,2023 in Parenting Time

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: 

• The parent has a drug or alcohol addiction that interferes with his or her ability to care for the child

• The parent suffers from a mental health condition that interferes with his or her ability to care for the child

• The parent has neglected or abused the child

• The parent has been convicted of a child-related criminal offense

Types of Parenting Time Restrictions 

Courts may restrict visitation or parenting time by placing conditions on parenting time such as:

• No overnight visits 

• Visits must occur in a specified location

• Visits must be supervised by a third party 

• The amount of parenting time is reduced or eliminated

• The parent is prohibited from having certain individuals present during parenting time

• The exchange of the child between the parents takes place at a specified location or through an intermediary

The court has the authority to impose whatever restrictions are necessary to protect the child's physical, emotional, psychological, and moral wellbeing. In extreme cases, a parent may lose his or her right to parenting time altogether. 

Contact a  Kane County Family Law Lawyer

At The Law Office of Matthew M. Williams, we know how difficult it can be to deal with divorce and decide upon an agreeable parenting plan for your child. Aurora child custody attorney Matthew M. Williams has 15 years of legal experience assisting parents with child-related legal issues and can provide the guidance you need. Call 630-409-8184 and set up an initial consultation. 

Source: 

https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=075500050K11-7.1