Parenting Time (formerly known as Visitation)
Chicago Area Divorce Attorneys Explaining Illinois Parenting Time (Visitation) Rights
Diligent visitation and custody attorneys serving Chicago, Cook County, Lake County and DuPage County, Illinois
Section 602.8 of the Illinois Marriage and Dissolution of Marriage Act sets forth the visitation rights to be granted to a parent who is not granted custody (or physical possession) of a child. According to this act, all parents not granted custody or who are not designated the residential parent for a child are “entitled to reasonable parenting time with the child unless the court finds, after a Hearing, the parenting time would endanger seriously the child’s mental, moral or physical health.” In other words, it is presumed that the parent without custody has reasonable Illinois visitation rights with the child, and the only way to challenge that presumption is for the custodial parent to file a motion with the court requesting a hearing. The attorneys of M. Scott Gordon & Associates can assist you with any legal proceedings necessary to obtain or clarify visitation rights for your children.
It is not uncommon for parents with child custody to state that they are uncomfortable with the non-custodial parents having substantial time with the child. Often, the custodial parent was accustomed to always being around the child when the parties were a family unit, and now that each parent has individual time with the child, the custodial parent may be nervous about the new situation. Perhaps the other parent cannot care for the child or is reckless. Unfortunately, some parents with child custody use visitation as a way to attempt to control the non-custodial parent, just as some parents use child support as a control tool. However, any custodial parent who challenges the visitation rights of the non-custodial parent needs to show the court that there are specific reasons that parent should not have reasonable parenting schedule (visitation).
What is a “reasonable” Illinois visitation rights schedule? As with child custody, the court is dictated by the best interest standard. Generally, parents have every other weekend with the child, and perhaps more time during the week. There is no model visitation schedule in the law, and the parents are free to develop their own visitation schedule as long as it is in the best interest of their child. Your divorce lawyer can help you understand the possibilities that may apply to your unique case.
Helping parents come to an Illinois visitation rights agreement
Email our Visitation Lawyers at M. Scott Gordon & Associates for more information or call our Chicago office at 312.360.0250 or our Skokie office at 847.329.0101