When Does Illinois Restrict Parenting Time?
There’s nothing more important than the bond between a parent and child. Healthy, loving relationships are vital for a child’s emotional and developmental well-being. Because of this, the Lake County family court strives to ensure that children maintain strong connections with both parents, even after a divorce or separation.
In most custody cases, both parents are granted parenting time with their child—though it may not always be an equal split. Courts generally believe that spending time with both parents is in the child’s best interests. However, in some cases, the court may find it necessary to impose restrictions on one parent’s parenting time.
When Are Parenting Time Restrictions Necessary?
According to the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5), both parents are generally presumed fit to care for their child. This means that, unless there’s a reason to believe a parent poses a danger to the child, parenting time is typically granted to both.
However, if the mental, emotional, or physical well-being of the child is at risk, the court has the authority to limit or restrict one parent's parenting time. The goal is always to protect the child’s best interests, so if there are concerns that spending time with one parent could harm the child, the court can step in and make necessary adjustments.
How Does the Lake County Court Decide on Parenting Time Restrictions?
If there is reason to believe that parenting time should be restricted, the court will hold a hearing to evaluate the situation. During this hearing, the court looks closely at the circumstances, including:
Each parent’s work schedule and availability for parenting
Living arrangements and stability
Any history of domestic violence, mental health issues, or substance abuse
Essentially, the court is looking to determine if spending time with one parent could place the child in harm’s way. If the court finds that parenting time with a parent could negatively affect the child, it will put restrictions in place to protect the child’s welfare.
What Kind of Restrictions Can Be Placed on Parenting Time?
Depending on the circumstances, parenting time restrictions can vary. They are tailored to ensure that the child’s safety and well-being are prioritized. Some of the potential restrictions may include:
Supervised visits: Parenting time may only occur with another parent or a third-party supervisor present.
No overnight visits: The parent may not be allowed to have the child overnight.
Limited locations: Parenting time may only take place in the primary parent’s home or another location outside the restricted parent’s home.
No visits: In extreme cases, the court may prohibit any parenting time until further notice.
The court will determine which restriction is most appropriate based on the unique factors of each case. These measures are put in place to ensure that the child’s safety comes first.
What Happens Next?
If your parenting time is being restricted, it’s essential to understand that the restrictions are meant to be temporary, often to address specific concerns. Over time, as circumstances change or improve, the court may revisit the restrictions and determine whether they are still necessary.
It’s important to remember that parenting time restrictions are always about protecting the best interests of the child. If you are facing a situation where your parenting time is being challenged or restricted, contact Alan Lenczycki, an experienced Lake County family law attorney, who can help you navigate the process and protect your rights as a parent.
More information from Alan Lenczycki on family law matters:
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