How Can the Court Restrict My Parenting Time with My Child?

 Posted on January 04, 2016 in Child Custody

When the court determines a custody or visitation schedule for a child, it does so with the child's best interests in mind. The court weighs not only which parent is best equipped to provide for the child financially, physically, and emotionally, but also whether the child could potentially be in danger in either parent's household. If the court feels that there could be any room for the child to be harmed in a parent's home, it could give that parent supervised or restricted visitation with the child. What this basically means is that the court puts restrictions on the parent and child's visits in place to prevent the child from being harmed.

It is rare that a parent has his or her parental rights completely terminated. This generally happens if the parent poses an immediate, serious danger to the child. Restricted and supervised visitation are a way to ensure that even when a parent is not considered to be fit to parent his or her child alone, he or she can still maintain a relationship with the child after he or she divorces from the child's other parent.

The Court Can Require That Your Visits Occur in Your Child's Home

If the court requires that your child's custodial parent supervise your visits, it may require that the visits take place in that parent's home. This can also be required if the court feels that your child would be in danger traveling with you because of a history of drunk driving or drug use.

The Court Can Name a Third Party to Be Present during Visits

If the court feels that an individual other than your child's custodial parent is better suited to supervise your visits, it can require that this individual be present during your parenting time.

When the court requires that another adult be present, it is often because of a history of abuse, criminal activity, or drug use.

The Court Can Prohibit Overnight Visits

This might be because of the presence of another individual in your home who poses a danger to the child or the potential for your child to be exposed to harmful or unhealthy practices. In cases like this, the court might require that the child leave your home by a certain time or that any overnight visits with you occur in another household, such as the child's grandparent's home.

Divorce and Family Attorneys in Kane County

If you have recently filed for divorce or plan to do so in the near future, contact an experienced family attorney to ensure that your interests and those of your child are represented fairly. When you are working through the process of determining child custody or visitation and child support, it is important that your case is represented accurately. Contact our team of experienced Kane County family attorneys at the Goostree Law Group today to schedule your free legal consultation with a member of our firm.

Source:

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