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Can Supervised Parenting Time Be Required in Illinois?

Posted on in Child Custody

Naperville, IL parenting time lawyerGetting a divorce brings about many changes to your everyday life, which can be especially true if you are a parent. One of the biggest and most difficult changes to cope with for many Illinois divorcees is how much less time they get to spend with their children. In Illinois, the default is to allow both parents to have unrestricted parenting time with the child, unless there is strong evidence that unrestricted parenting time would be harmful to the child’s physical or emotional and mental well-being. If restrictions are required, a common example is requiring the parenting time to be supervised.

What Does Supervised Parenting Time Look Like?

According to the Illinois Marriage and Dissolution of Marriage Act (IMDMA), supervision during parenting time simply means that there is a third party present during the parenting time of the parent in question. Typically there are two types of “supervisors” or third parties that are often used in supervised parenting time cases:

  • A court-approved professional, such as a therapist, psychologist, social worker, counselor or other professional

  • A trusted friend or family member

If a parenting time order places restrictions on parenting time, such as requiring visits to be supervised, the court may also put other requirements into place to protect the child. These can include:

  • Reducing, eliminating or otherwise adjusting the parent’s decision-making responsibilities, parenting time, or both

  • Requiring a third party to be present during parenting time transitions

  • Restricting the parent’s communication with the child

  • Requiring a parent to abstain from using or possessing drugs or alcohol during or prior to parenting time

  • Prohibiting certain people from being present during parenting time

  • Requiring a parent to attend a treatment program for drug or alcohol abuse or another behavior that was the basis of the parenting time restriction  

Should I Request Supervised Parenting Time?

The goal of any parenting time dispute is to determine what is in the best interests of the child and then implement the best plan to protect those interests. In most cases, supervised parenting time arises from one parent expressing concern that the other parent might be endangering the child while he or she is in their care. Common situations that may prompt a hearing for supervised parenting time or other parenting time restrictions include:

  • A parent’s mental illness or disease, such as alcoholism or drug addiction

  • Fear that the child may be abducted by the parent

  • The presence of prior inappropriate sexual behavior or criminal sex charges

  • Fear of the child’s living situation and environment while with the parent in question

  • The presence of previous emotional or physical abuse to the child

Contact a Naperville, IL Parenting Time Restrictions Lawyer

For most parents, their children are the most important thing in the world, and they would do anything to do what is best for them. If you are going through a divorce and you feel as though you should request parenting time restrictions for your spouse, you should immediately speak with a knowledgeable DuPage County parenting time restriction attorney. At the Goostree Law Group, we will do everything we can to protect both you and your child’s best interests throughout the process. To schedule a free consultation to get started on your case, call our office today at 630-364-4046.

 

Sources:

https://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2086&ChapterID=59

https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=075000050K603.10

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