Nothing should come between you and your relationship with your children. A parent’s time with their child is precious—even more so if that time is limited because they are splitting it with their former spouse or former partner. All child visitation and parenting time disputes require immediate attention. Quick action can help you come to a more favorable, low conflict resolution. You need a lawyer who will represent you with the highest level of care, compassion, and professional skill.
I am a partner at the top Chicago law firm Harrison LLP and an experienced family law attorney. For more than 30 years, I have represented parents in complex child custody and child visitation cases. I am more than ready to take immediate action to protect your rights and help you find the best solution for your family. Please call my Chicago office at (312) 621-5234 or email me directly through this website to set up your strictly confidential initial family law consultation.
AN OVERVIEW OF ILLINOIS CHILD VISITATION LAWS
Illinois no longer uses the terms ‘child custody’ or ‘child visitation’ in its official legal proceedings. Of course, parents will still hear them both used in day-to-day conversations—particularly informal settings. Nonetheless, if you are in a family law court, you will see the term ‘allocation of parental responsibilities and parenting time.’ Both child custody and child visitation are covered by this term. Perhaps the most important thing to know about the Illinois child visitation laws is the following: Our state encourages the greatest possible level of involvement and cooperation between the parents. In effect, this means two things:
- Cooperation is Emphasized: As a starting point, courts want parents to come to their own child time-sharing agreement. When parents can work together, a judge is generally willing to give the parents considerable discretion to come to their own visitation arrangement. That is not to say that parents have free reign, but courts want parents to work together to find a visitation arrangement.
- Non-Custodial Parents Should Be Involved: In addition, a parent who does not live with the child on a full-time basis will almost always be given strong visitation rights. What exactly this means in practice varies on a wide range of different factors. Still, the court wants to facilitate the maximum involvement of non-custodial parents in the child’s lives.
CHILD VISITATION AND THE BEST INTERESTS STANDARD
In Illinois, all child custody and child visitation matters are resolved using the state’s ‘best interests of the child’ standard. Under 750 ILCS 602.5(a), family courts are instructed to help parents allocate parenting time in a manner that is fully consistent with what is best for the child. The best interests of the child are defined broadly—Illinois considers what is best for the child’s health, safety, psychological well-being, happiness, and positive social development. It is a comprehensive legal standard. Courts may consider any factor deemed relevant to making a proper custody/visitation arrangement. Here are some specific factors highlighted in Illinois family law:
- Any adjustment that a child would have to make in regards to home, school, or community
- The demonstrated parental capacity of each parent
- The parents’ ability to cooperate with each other for the best interest of their children
- Logistical considerations, including transportation
- The desired visitation arrangement of each parent
- For older children, their expressed wishes
- Any history of abuse, spousal battery, parental neglect, or criminal misconduct
Illinois law presumes that it is best for both parents to get regular time with the child. For this reason, it is very unusual for courts to deny a parent any form of visitation rights. However, supervised visitation may be deemed necessary if a parent has a history of abuse, neglect, unreliability, or criminal misconduct. Parents have no guaranteed legal right to child visitation in Illinois. The best interests of the child always come first, even if that means denying a parent visitation rights.
COLLABORATIVE SOLUTIONS OFTEN WORK BEST—BUT YOUR RIGHTS MUST BE PROTECTED
When it comes to issues involving children, Illinois law encourages parents to work together to find viable solutions. This makes sense for parents. Indeed, most parents want to find stable and low-conflict solutions for their children. If you are dealing with an issue over parenting time, the allocation of parenting time or child visitation agreements, mediation, or negotiation can be an effective tool. As a Chicago child visitation lawyer, I am focused on helping parents solve their problems.
At the same time, your parental rights should never take a backseat to that of your former partner. Further, your child must be kept safe. My legal team can help. I am a trial-tested litigator with extensive experience representing parents in high-conflict and high-stress divorce and child custody cases. I am always ready to take aggressive action to protect your rights and the health and safety of your child. If you are involved in a difficult custody or visitation dispute in the Chicago area, please do not hesitate to call my office today.
CHILD VISITATION IN ILLINOIS: FREQUENTLY ASKED QUESTIONS (FAQS)
Can Parenting Time Be Modified After a Divorce in Illinois?
Yes. The allocation of parenting time is always subject to modification in Illinois. That is not to say that family law courts will litigate the same issues over and over again. However, if a parent can demonstrate a change in circumstances that impacts the best interests of a child, parents have the right to petition for a modification of child custody or visitation.
What Happens If One Parent is Violating the Visitation Arrangement?
Parenting plans are not voluntary. A valid parenting plan is a legally enforceable document in Illinois. Parents have a legal responsibility to comply with custody or visitation arrangements. If a parent violates your visitation rights, you should take action. For minor, first-time violations, it is generally best to try to address the issue informally. For serious or consistent violations, you need to escalate the matter. Call an experienced child visitation enforcement lawyer in Chicago for immediate help.
When is Supervised Visitation Required in Illinois?
Illinois state law presumes that it is inherently better for children to have an ongoing relationship with their parents. However, in some circumstances, a parent may be deemed a threat to the child’s physical safety or psychological well-being. Supervised visitation in Illinois may be required if the parent is deemed “unfit” to provide proper care under the law. Some examples of circumstances/conduct that may warrant supervised visitation include:
- A history of substance abuse
- A history of physical, emotional, or sexual abuse of the child
- A history of domestic violence against the other partner
- A history or risk of parental neglect
- Documented evidence of mental illness
Under Illinois law (750 ILCS 5/600(m)), supervised visitation is defined relatively broadly. How exactly it works depends entirely on the specific circumstances of the case. Technically, an approved third party could act as the “supervisor” under the law. In effect, this means that visitation may be supervised by the other parent, a trained social worker or childcare professional, or a mutually trusted third party, such as a grandparent.
Can Anyone Other than a Parent Get Visitation Rights in Illinois?
In most cases, only parents will be awarded visitation rights. However, there are some exceptions. In Illinois, other close family members could also be granted court-guaranteed visitation if it is in the best interests of the child. As an example, a grandparent may be given child visitation rights.
HOW OUR CHICAGO CHILD VISITATION LAWYER CAN HELP
Child visitation and parenting time cases are deeply complicated. With more than 30 years of experience as a family law attorney and child visitation lawyer in Chicago, Michael C. Craven has a deep understanding of child custody and child visitation laws. He will protect your parental rights. When you call our Chicago law firm, you will be able to speak directly to an Illinois visitation attorney who is prepared to:
- Listen to your story and answer your questions
- Explain your legal rights under Illinois law
- Gather all of the documents, records, and evidence you need
- Represent you in child visitation negotiations or mediation
- Take whatever legal action is needed to protect your parental rights and your child
We firmly believe that every parent deserves personalized legal guidance and support from their attorney. Nothing should come between you and your time with your child. If you have any questions about child visitation in Illinois, reach out to our Chicago lawyer now to learn more about how we can help you.
CALL OUR CHICAGO CHILD VISITATION ATTORNEY FOR IMMEDIATE LEGAL HELP
Michael C. Craven is an experienced Chicago child visitation lawyer. If you have any questions or concerns about child visitation in Illinois, we are here as a resource. Your rights as a parent matter. Contact us today at (312) 621-5234 to schedule a confidential initial appointment. With a legal office in Chicago, we represent parents throughout the greater Chicago area including the North Shore.
