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When divorce involves children, the aura of the situation illuminates an entirely different hue. Beyond the dissolution of marriage is the parental responsibility of both parents preparing for their children’s health, economic, and overall wellbeing. These concerns are often addressed under each state’s family law guidelines and statutes. For the pre-divorce couple residing in Illinois, the Illinois Marriage and Dissolution of Marriage Act (750 ILCS) provides structural guidelines and statutes regarding child support and visitation under Part VI, Allocation of Parental Responsibilities.
As the United States remains on the top 10 list of countries with the highest divorce rates, one may think that divorce has become standardized to a one size fits all, but that could not be further from the truth, especially when children are involved.
Historically, one of the immediate concerns expressed by the custodial parent is how Illinois handles visitation in the situation where the other parent is incapable of providing a safe environment during child visitation? This concern is often raised when the non-custodial parent may have an alcohol or substance abuse history, exhibit anger management issues, or basically has little or no interest in fostering a parental relationship with the child.
Although it is advisable to consult with an experienced Illinois family law attorney, according to the guidelines set forth in the Illinois Marriage and Dissolution of Marriage Act a petition for supervised visitation may be awarded if non-supervised visitation would endanger the child’s physical, mental, moral, or emotional health.
To grant such a petition, the endangerment factors must first meet the serious endangerment standard set forth by the statute and often involves the following issues:
The burden of proof remains with the custodial parent and his or her legal counsel to prove such allegations and how circumstances could negatively affect the child. This is the case as the Illinois Circuit Court explores these claims to ensure the rights of the non-custodial parent are appropriately protected as well.
If you are facing complex child custody and visitation issues, the skilled Hinsdale family law attorneys of Martoccio & Martoccio understand your fears and frustration. With over 75 years combined experience our legal team will fight diligently to protect your legal rights as we also protect your child from any possible unstable situation. Contact our team today at 630-920-8855 to learn more about our services.