What Illinois Parents Need to Know About Parenting Time Restrictions

 Posted on April 13, 2022 in Child Custody

Illinois law presumes that both a child’s parents are safe and capable of caring for their children. However, there are situations in which a parent’s rights may be limited or even eliminated. If there are concerns about a child’s safety with a parent, the court has the authority to impose certain restrictions on parenting time. If you are an unmarried or divorced parent, it is important to understand how and when parenting time restrictions are implemented.

Illinois Courts Impose Parenting Time Restrictions on a Case-by-Case Basis

Illinois law describes parenting duties in terms of “parental responsibilities,” meaning decision-making authority and “parenting time,” which used to be called visitation. The court assumes that it is best for a child to spend time with both of his or her parents unless there is ample evidence to the contrary. Consequently, the burden of proof is on the party requesting a parenting time restriction.

If a parent is worried about his or her child’s safety with the other parent, the parent may file a motion to limit parenting time or parental responsibilities. Many different issues may lead a parent to file a motion for restricted parenting time, including:

• Drug or alcohol addiction
• Past instances of neglect or abuse
• The presence of people who have been convicted of violent or child-related crimes

Once a motion for restricted parenting time is filed, the court will need to determine if the restriction is necessary. Restrictions are only put in place if there is sufficient evidence that a child’s physical, mental, or emotional wellbeing is endangered by a parent. Often, the court uses a guardian ad litem to investigate the situation and offer an expert opinion to the court about whether restricted parenting time is appropriate.

Types of Restrictions That May Be Placed on a Parent

Illinois courts may implement a restriction if doing so is in the child’s best interests. Parenting time restrictions may take many different forms. The court may:

• Limit the amount of time that a parent spends with the child
• Prohibit overnight visits
• Prohibit the parent from possessing drugs or alcohol during parenting time
• Require the parent to complete drug or alcohol dependency treatment
• Require the parent to undergo parenting classes or counseling
• Require that the transfer of the child between parents take place through an intermediary
• Require that the parenting time is supervised by a trusted third party
• Prohibit the presence of certain people during parenting time

Contact a Joliet Parenting Time Lawyer

The Will County family law attorneys at The Foray Firm understand that child custody issues can be very complicated and frustrating. We can help you understand your rights and options and guide you through the necessary steps. Call our office at 312-702-1293 for a confidential consultation.

Source:

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