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Wakenight & Associates, P.C.

1100 Lake Street, Suite 120, Oak Park, IL 60301

DuPage County | 630-852-9700

Mokena | 815-727-6144   Oak Park | 708-848-3159

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When Can Parenting Time Be Restricted in Illinois?

Posted on in Family Law

Oak Brook parenting time attorney

There is arguably no relationship more sacred than the one between a parent and child. For children, solid, loving relationships with their parents are crucial for their healthy development and well-being. Because of this, many states, including Illinois, have placed specific emphasis on allocating parenting time to both parents of a child, rather than solely to one parent. Though it may not always be a 50/50 split, most cases involve both parents having parenting time with their children, and it is typically in the child’s best interests to spend time with both parents. However, there may be cases in which a judge finds that it is necessary to place restrictions on parenting time.

When Are Parenting Time Restrictions Appropriate?

The Illinois Marriage and Dissolution of Marriage Act (IMDMA) specifically states that both parents are presumed to be fit to care for their child and that in such cases, the court will not place restrictions on parenting time. In divorce and family law cases, the duty of the judge and the court is to ensure the child is being taken care of adequately. If the court finds that the child’s physical or emotional well-being would be endangered if he or she were to spend time with a parent, then the judge can restrict parenting time for that parent.

How Can Parenting Time Be Restricted?

Before it is determined that a parenting time restriction is in the best interest of the child, a hearing will be held. During the hearing, the court will do its best to investigate the situation and determine whether or not spending time with the parent in question would truly endanger the child. The court will examine issues such as each parent’s work schedules, living arrangements, and any history of domestic violence, mental health issues, or substance abuse. If the court finds that a parenting time restriction for one or both of the parents is appropriate, then the court will determine the terms of that restriction.

Parenting time restrictions can affect the type of parenting time, the duration of parenting time, and the supervision required during parenting time. Such restrictions of parenting time may include things such as:

  • Supervised visits only

  • A prohibition against overnight visits

  • Visits that only take place in the custodial parent’s (the parent with the majority of the parenting time) home

  • Parenting time that only takes place in a location other than the non-custodial parent’s home

  • A prohibition of any and all parenting time 

Contact a DuPage County Parenting Time Lawyer For More Information

At Wakenight & Associates, P.C., we understand how important it is to do what is best for your child. In some cases, that might include restricting the parenting time of your ex-spouse to ensure your child’s safety. In other cases, you may need to fight for the parenting time that you know your child deserves to have with you. If you need help addressing any issues with parenting time, you need help from a knowledgeable and compassionate Elmhurst, IL family law attorney. Call us today at 630-852-9700 to arrange a free consultation.

Sources:

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

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