One of our previous blog posts talked about the basics of child custody and visitation in Illinois. We decided to address the topic a second time in this post, focusing mainly on whether or not courts can restrict parent visitation time. In short, they can.
As family law and visitation attorneys in Chicago, it is always sobering for us to represent clients facing custody restrictions. Yet that is one of the unfortunate realities of family law. If a divorce court determines that restricted visitation is in the best interests of a child, such restrictions will be implemented.
When Courts Restrict Visitation
Section 5/602.7 of Illinois Statutes Chapter 750 governs child custody and visitation. According to this section, courts have quite a bit of freedom to impose visitation restrictions.
As a general rule, courts restrict visitation if they believe time spent with one or both parents could endanger physical, mental, or emotional health. Restrictions might also be put in place if a court has any concerns about a child’s moral upbringing.
What Courts Consider
As we explained in our previous post, Illinois courts prefer to let parents work out custody and visitation schedules on their own. If they are unable to do so, mediation is the next step. It is hoped that the court only has to sign off on a settlement in the end.
When courts do have to intervene to allocate visitation, they consider a whole host of things:
- Parental Wishes – The wishes of both parents are generally considered before restrictions are implemented.
- The Child’s Wishes – Children are asked about their wishes as well. Courts are reluctant to force children to spend time with parents against their wishes.
- Child Adjustment – Children have to make adjustments to their lives as a result of divorce. Adjustments touch everything from school to friends and new living arrangements.
- Distance – The closer parents are, the easier it is for courts to approve a shared parenting time plan. On the other hand, greater distances can ultimately result in one parent’s visitation being restricted.
- Parental Abilities – There are times when one parent requests the other be restricted due to a perceived lack of parenting ability. If the court agrees that the one parent lacks sufficient ability or skill, visitation may be restricted.
- Perceived Threat – Courts will almost always restrict visitation rights based on a perceived threat with reasonable validity. For example, any record of physical or verbal abuse is more than sufficient reason to restrict visitation.
This list of considerations is by no means set in stone. Illinois courts are free to consider any factor they believe relevant to the well-being of a child whose parents are involved in a divorce proceeding.
Follow the Legal Process
As family law attorneys in Chicago, the very best advice we can offer any of our clients is to follow the legal process from start to finish. Doing so demonstrates a willingness to do whatever is necessary to ensure the best interests of all involved children. Courts will always look favorably on that sort of attitude.
On the other hand, attempting to circumvent the legal process or otherwise taking shortcuts does not reflect very well on a parent. Any reason to consider restricting visitation is only given more weight when a parent tries to get around the system.
Working out custody and visitation is not always the easiest thing to do. And unfortunately, there are times when restricted visitation is absolutely necessary. Should you be involved in a divorce proceeding that includes custody and visitation challenges, we are here to represent you.
Recent Comments