Restriction of Parenting Time in an Illinois Divorce or Child Custody Case

 Posted on May 19, 2022 in Parenting Time

Illinois courts presume that it is best for a child to spend time with both of his or her parents. In an ideal world, this would always be the case. Unfortunately, not every parent is capable of providing the love and care that a child needs. If there are concerns about a child's safety or wellbeing with a parent, the court will restrict parenting time. However, parenting time restrictions are usually the last resort. For a parent's parenting time to be restricted, there must be substantial evidence of serious wrongdoing or safety concerns with the parent.

Reasons for Parenting Time May Be Restricted

Typically, the court does not put any limits on how and when a parent may spend time with their child. However, the court always prioritizes the child's best interest in a divorce or child custody dispute. In some cases, unrestricted parenting time is not in the child's best interest.

 The court may impose a parenting time restriction because:

• The parent has abused the child
• The parent has a serious drug or alcohol problem that endangers the child
• The parent has been convicted of a domestic violence offense
• The parent has mental health issues that endanger the child
• The child has special needs, such as serious medical issues, that the parent cannot meet

The courts do not take parenting time restrictions lightly. Restrictions are only placed if it is proven beyond a reasonable doubt that unrestricted parenting time would threaten the child's physical, mental, or emotional health.

Types of Parenting Time Restrictions  

There are many types of parenting time restrictions. Depending on the facts of the case, the court may impose limits on the amount of time a parent can spend with their child or make the parent meet certain requirements before the parent can enjoy unrestricted parenting time. For example, a parent with a severe drug addiction may be required to attend substance abuse treatment before they can have unrestricted parenting time. The court can also require supervised visitation in which a responsible third party observes parenting time and ensures the child is safe. The court may also reduce the amount of parenting time assigned to a parent, or in extreme cases, eliminate the parent's parenting time altogether.

Contact a Rolling Meadows Parenting Time Lawyer

If you have concerns about your child's safety with the other parent and wish to seek a parenting time restriction, contact the Law Offices of Donald J. Cosley for help. We can also help you if your child's other parent is requesting that your own parenting time be limited in some way. Contact experienced Arlington Heights family law attorney Donald J. Cosley at 847-253-3100 for a free consultation.

Source:

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2086&ChapterID=59&SeqStart=8300000&SeqEnd=10000000