When it comes to divorce cases and issues involving children, the Illinois court system places the needs and well-being of the children above all else -- including the parents. Child custody can be a contentious issue in divorce cases, but the job of the judge assigned to your case is to ensure that the child is safe, well cared for and loved, no matter the custody situation. Illinois courts understand that children do their best when both parents are present in their lives. The Illinois Marriage and Dissolution of Marriage Act specifically states that “it is presumed that both parents are fit and the court shall not place any restrictions on parenting time.” A judge will, however, place restrictions on parenting time if he or she feels the child would be in danger by spending time with one or both parents.
Considering Parenting Time Restrictions
It is widely understood by most people that a child not only deserves to have both in his or her life, but that they also thrive when they form a relationship with both parents. In most divorce cases, there will be an equal or nearly-equal allocation of parenting time. Unless a parent petitions to have the other parent’s parenting time restricted or the court learns of a danger to the child, parenting time will not be restricted. Before any decisions are made, a hearing will be conducted to determine whether the child’s mental, emotional, physical or moral health would be in danger if he or she were to spend time with the parent.
Types of Parenting Time Restrictions
Once you have attended the hearing, the courts will determine whether a parenting time restriction is appropriate. The court will examine all aspects of each parent’s life, such as his or her living arrangements or work schedules. If the court finds any of these aspects to be questionable, then they may place restrictions on the type, duration or supervision of the parenting time. Restrictions on parenting time can include:
- Supervised visits only;
- No overnight visits;
- Visits in the custodial parent’s home only;
- Visits that take place outside of the parent’s home only; or
- Restrict visitation altogether.
Get in Touch With a DuPage County Parenting Time Attorney
It is not uncommon for divorcing couples to find themselves in custody battles. If you are not able to come to an agreement on your own, you will be ordered to attend mediation and if that does not work, then you will have to take your case to court. At the Goostree Law Group, we understand the importance of your role in your child’s life. Our compassionate Naperville parenting time lawyers will help you fight for your right to spend time with your child. Call our office today at 630-364-4046 to schedule a free consultation.