When children are involved in a divorce, issues often arise surrounding custody and visitation. Sometimes the custodial parent wants to take visitation rights away from the non-custodial parent, especially if child support is not being paid. In some cases, the non-custodial parent wants nothing to do with the children and refuses to visit them, even when the other parent insists.
Laws regarding visitation can be found in 750 ILCS 5–Illinois Marriage and Dissolution of Marriage Act. Courts will decide on parenting time based on the best interests of the children. It is assumed that both the mother and father are fit parents unless there is evidence that allowing a parent to visit the child would negatively impact the child physically, emotionally, or mentally.
When determining best interests of the child, the court will look at various factors, including the child’s wishes, the parents’ wishes, everyone’s mental or physical health, any evidence of abuse or neglect, and how the child is adjusting to school and the community. While only parents have the legal right to parenting time, other family members such as grandparents and siblings may ask for visitation time if they have been denied. Contact the Illinois visitation lawyer at Forst Law Offices in Orland Hills for legal guidance with your family law matter.
Restrictions to Parenting Time
Illinois typically does not place restrictions on parenting time. If it is believed that either parent may be a danger to the child, the court may still allow visitation, with some restrictions. For example, the court may impose restrictions such as visitation at a certain location, supervised visitation, prohibited overnight visits and no visits when the parent is under the influence of a substance.
Can a Parent Ever be Denied Visitation Rights?
Once there is a court order in place, one parent can not deny the other the right to see their child. Sometimes parents will do this to punish a parent who has not paid child support, but this practice is illegal. The parent could be accused of contempt of court and then fined or put in jail. The custodial parent also cannot deny one’s visitation rights for reasons such as the child is sick or visiting relatives. Even if the parent is incarcerated, the other parent can not deny visitation.
If there is evidence that the non-custodial parent is abusing or neglecting the child, then the custodial parent should report this and take steps to get visitation denied through the appropriate legal channels. The court can then deny the parent visitation.
Get Help From an Illinois Visitation Lawyer Today
Children thrive when they have strong relationships with both parents. Because of this, judges tend to award visitation time unless there is a solid reason not to do so.
It is illegal for the custodial parent to deny the other parent of their visitation rights, even if they can not pay child support. If you are facing issues in this area, seek legal help from visitation lawyer Richard J. Forst from Forst Law Offices. He can help you understand your rights. Schedule a free consultation today by filling out the online form or calling his Orland Hills office at 708-949-6440.
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