When is Supervised Visitation Required by an Illinois Court? 

 Posted on March 03, 2023 in Family Law

Courts generally presume that both parents are capable of providing adequate supervision and care for a child. Unless there is a reason to believe otherwise, parents are generally given the right to have unrestricted parenting time (previously called visitation) with their child.

However, the child's best interests are always the top priority in a child custody or divorce case. If there are concerns about a child's safety or a parent's ability to provide a safe environment for the child, the court may order supervised visitation.

Supervised Visitation and Other Parenting Time Restrictions

In some family law cases, a parent or other party raises concerns about the other parent's ability to keep a child safe. In a situation like this, they can petition the court for a parenting time restriction. There are many different types of parenting time restrictions, including limitations on the amount or frequency of parenting time, limitations on who may be present during parenting time, or requirements regarding the transportation of children between the two parents' homes. The court may also require parenting time to be supervised.

Supervised visitation requires that a third party (such as a family member, professional supervisor, or social worker) be present during parenting time to ensure that the child's best interests are being met. The court may order supervised visitation if:

• A parent has a history of child abuse or neglect

• A parent has a serious mental health disorder or substance abuse problem that could put the child at risk of harm

• There are concerns about the parent's ability to protect the child from verbal, physical, or emotional injury

• The child has special needs that the parent cannot handle alone

The court seeks to preserve parents' parental rights whenever possible, so supervised visitation is typically seen as a last resort. Ample evidence will be needed to establish the need for supervised visitation. Supervision may be required for a few visits or for an indefinite period of time, depending on the circumstances. If the court finds that supervised visitation is in the best interests of the child, it will determine who will supervise and how often.

Contact a Will County Child Custody Lawyer

Our Joliet family law attorneys represent parents and other individuals in a wide range of family law matters. We can provide assistance and reliable legal support if you want to ask the court to restrict the other parent’s parenting time. We can also help you if your own ability to enjoy parenting time with your child is being threatened.

Call our office at 312-702-1293 and set up a private consultation to learn more about how we can help you.

Source:

https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=075000050K602.7