Understanding Parenting Time Restrictions in Illinois

 Posted on February 11, 2023 in Family Law

Prior to 2016, the time a divorced or unmarried parent spent with his or her child was called "visitation." However, courts have since changed the language in the Illinois Marriage and Dissolution of Marriage Act (IMDMA) to refer to this time as "parenting time." In order to ensure that the best interests of the child are served, restrictions on parenting time may be put into place by Illinois courts.

When Are Parenting Time Restrictions Implemented?

Courts presume that it is best for a child to have maximum involvement of both parents in his or her life. However, the child's best interests are the most important factor that courts consider when determining the parenting arrangement. When there are serious concerns about a parent’s ability to provide an appropriate and safe environment for their child, the court may find it necessary to implement restrictions on parenting time.

What Types of Restrictions Are Commonly Imposed?

If there is a concern that unrestricted parenting time may harm the child physically, emotionally, psychologically, or morally, the court may place limitations on the type and amount of parenting time a parent is awarded.

Parenting time restrictions may involve:

• Supervised visitation - The court may ask a third party to be present during a parent's parenting time. That party may be a relative such as a grandparent, or the supervisor may be a social worker or other professional appointed by the court.
• Decreasing the amount of parenting time - The court may limit the amount of time a parent is allowed to spend with his or her child.
• Restricting overnight parenting time - In some cases, the court may restrict a parent's right to have their child stay overnight at their residence.
• Placing conditions on communication between parent and child - The court may also implement restrictions on how often and through what method a parent can contact their child.
• Substance abuse treatment - The court may require that a parent complete an alcohol or drug rehabilitation program before being allowed unsupervised parenting time.
• Counseling - A parent may be required to complete anger management or other forms of psychological counseling before being granted unrestricted parenting time.

If you believe that a parenting time restriction may be necessary for your child’s safety, or your own parenting time rights are being threatened, contact an experienced lawyer for personalized advice and support.

Contact our Hinsdale Child Custody Lawyer

Illinois courts have the authority to reduce, place conditions on, or even eliminate a parent’s right to parenting time. If you are involved in a child custody dispute or you have concerns about parenting time restrictions, contact our DuPage County family law attorneys for help. Call 630-920-8855 and set up a free, private consultation.

Source:

https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=075000050K602.7