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What Restrictions Can Be Placed on Parenting Time in Illinois?

St. Charles divorce attorney parenting time

Many parents who are going through the divorce process are able to set aside at least some of their differences to work together on a parenting agreement that serves the best interests of their children. However, there are also divorces in which parenting time and parental responsibilities are a major source of conflict, and not just because the parents have trouble getting along. In some cases, a parent has concerns about their children spending time alone with the other parent, which may lead them to pursue parenting time restrictions.

Illinois Parenting Time Restrictions

It is important to note that just because one parent is granted a greater share of parenting time or parental responsibilities, that does not necessarily mean that the other parent’s time or responsibilities are restricted. The court will usually prioritize a parenting plan that allows each parent as much time as possible with the children. That said, the children’s best interests are the most important consideration, and sometimes children benefit from more time living with one parent to allow them to maintain their education and after-school routine with minimal interruptions.

Legal restrictions on parenting time are only ordered in cases in which there is evidence that the children’s physical, mental, or emotional health has been endangered by one of the parents. If the court determines that restrictions are necessary, these restrictions could take any of the following forms:

  • Requiring that parenting time is supervised by another adult

  • Restricting a parent from consuming or possessing alcohol or drugs during parenting time

  • Prohibiting certain other people from being present during parenting time

  • Safeguarding the process of exchanging the children by requiring a parent to post a bond before parenting time, or ensuring that the exchange occurs in a safe, public place or via an intermediary

  • Ordering the parent to go through a drug, alcohol, or abuse treatment program

  • Limiting parenting time, communication, and decision-making authority

Legal Action Involving Parenting Time Restrictions

If you have concerns about your children’s other parent, your attorney can help you gather and prepare evidence and testimony to demonstrate the danger that he or she poses to your children to support your argument for parenting restrictions. Note that in these cases, the court may appoint a guardian ad litem to investigate the situation and report his or her findings regarding the children’s best interests.

On the other hand, if your spouse is attempting to argue for restrictions on your parenting time, we can help you protect your parental rights and demonstrate your fitness as a parent as we work to achieve an outcome that allows you to maintain a relationship with your children with as few restrictions as possible.

Contact a Kane County Divorce Attorney

At Weiler and Lengle P.C., we understand how important it is for you to ensure your children’s well-being as they cope with the stress of your divorce. Our dedicated St. Charles child custody attorneys can help you take legal action, including pursuing restricted parenting time if necessary. Contact us today at 630-382-8050 to schedule a private consultation.

 

Source:

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2086&ChapterID=59&SeqStart=8300000&SeqEnd=10000000

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