In many divorce cases, Illinois’ statute on allocation of parental responsibilities generally favors both individuals sharing in the raising of the child. As such, parents share in making key significant decisions regarding the child’s life. For logistical purposes, one parent often has residential possession, while the other is entitled to visitation. However, there are many situations where parents share time with the child on an equal or approximately equal basis. Under the law, the official term for visitation is “parenting time” and refers to the time when one parent is responsible for caretaking and routine, day-to-day decision-making.
However, there are situations where this arrangement isn’t appropriate, and a court may impose restrictions on parenting time – including a requirement for a parent to be supervised during visitation sessions. A Chicago child visitation and parenting time lawyer can explain the implications, but you should be aware of various scenarios in which supervised parenting time may be necessary.
Factors Indicating Supervision is Necessary
In most cases involving minor children, including parenting time, the child’s best interests are paramount. There are 16 factors listed in the statute, plus a “catch-all” allowing the court to consider any issues relevant to visitation. Any circumstances that run contrary to the child’s best interests can form the basis of a judge’s determination that parenting time must be supervised. Specific factors that may necessitate supervised visitation may include:
- The presence of violence or threats against the child or others in the household;
- Instances of abuse against the child or members of the household;
- Whether one parent is or lives with a convicted sex offender.
Still, with the allowance of a catch-all factor, there are other scenarios in which a court may order supervision. Examples include instances where the parent seeking visitation:
- Has a drug or alcohol abuse problem;
- Suffers from a mental disorder, which puts the child at risk of harm;
- The parent has previously neglected the child; and,
- Many others.
Court Orders on Supervised Parenting Time
If you’re seeking supervised visits because of concerns about your child, the legal process usually starts by filing a petition with the court. As a petitioner, your documentation should include specifics on ways supervised parenting time serves your child’s best interests. As a respondent on the other side of the dispute, your objective would be to present evidence contradicting the petition.
The judge will review the evidence and arguments in the petition and response. The matter will usually go to court for a hearing. The proceeding is like a trial, where you can testify and present witnesses. Ultimately, the judge will make a ruling on whether to require supervised parenting time or other restrictions on visitation.
Speak to a Chicago Child Visitation and Parenting Time Attorney
Whether you’re seeking supervised parenting time or trying to fight against such an arrangement, working with experienced legal counsel is critical. To learn how we can assist with the legal process and court proceedings, please contact the Chicago, IL offices of Michael C. Craven by calling (312) 621-5234 or going online. We can set up a consultation to review your circumstances and determine the best course of action.
