Tag Archives: visitation

What Are Parenting Time Rights in an Illinois Divorce?

DuPage County parenting time attorneyGoing through a divorce can be difficult on an adult as well as a child. The end of a marriage also means the end of the family unit as they knew it. Determining child visitation, now referred to as “parenting time” in Illinois, can be a complicated matter. The child’s best interest is what the court considers when parenting time rights are being established in any divorce settlement. Parenting time can be divided in many different ways, but it is imperative that the parents keep personal preferences out of the equation and devise a plan that works best for the child.

Determining the Child’s Best Interests

It is recognized by the state that in most cases, it is best for children to have a healthy relationship with both their mother and father, and those familial bonds are essential in their development. While parents may be able to reach an agreement on how to share parenting time, they may need to settle these issues in court if they cannot do so on their own. A judge will consider various types of information when determining the best outcome for the child, and the following elements are taken under advisement:

  • Parents’ wishes

  • Child’s wishes

  • Child’s age

  • Time and dedication the parent can provide

  • Life at home, school, and community

  • Mental and physical health of all involved parties

  • History of violence

  • Parents’ willingness to co-exist

  • Whether a parent is an active military member

  • Whether a parent is a convicted criminal

Keeping all of these factors in mind is crucial to ensure that the child receives the best possible care and upbringing. In some cases, certain factors might have more weight than others when deciding parenting time. It is up to the parents and their attorneys to ensure everything is communicated properly to the court.

Possible Outcomes

The allocation of parental responsibility (formerly known as child custody) refers to the authority to make decisions about children’s upbringing, and responsibility may be shared between parents or allocated to one parent. However, regardless of how these responsibilities are allocated, each parent is entitled to reasonable parenting time with their children, as long as the child will not be endangered during their periods of parenting time. A parenting time schedule will be included in the parenting plan that is part of a couple’s divorce decree. While this schedule is meant to remain in place for the foreseeable future, modification of parenting time is possible in certain scenarios, such as emergency orders of protection, a change in parental income, the relocation of a spouse, or other situations.

Contact a Wheaton, IL Parenting Time Attorney

Divorce is not easy for anyone, especially if it involves a child who now has to split time between two parents. This can cause anxiety for all involved parties. As a parent, ensuring the best for your child should be of the utmost importance. The devoted attorneys at Andrew Cores Family Law Group will take the time to ensure that you understand your rights to parenting time, and we will work with you to help secure the best possible outcome for you and your child. Our experienced DuPage County divorce attorneys will work with you every step of the way during the proceedings. To schedule a free consultation, call our office today at 630-871-1002.

Sources:

https://www.liveabout.com/illinois-child-custody-guidelines-2997106

http://www.ilga.gov/legislation/101/HB/10100HB0185.htm

What if a Parent Blocks a Grandparent’s Visitation With Grandchildren?

Wheaton grandparents' rights attorneyGrandparents provide a wealth of loving care and family traditions to the younger generation, and most grandchildren will remember the time with their grandfathers and grandmothers well into their own adulthood. Grandparents add value to the lives of young children in immeasurable ways. Unfortunately, old feuds can get in the way of grandparents’ visitation rights, especially when the parents of the children separate or get divorced. In many cases, a child’s parent may disallow visitation with their ex-spouse’s parents, though it is sometimes a grandparent’s own children that disallow them from seeing their young loved ones.

What Steps Can I Take as Grandparent?

In Illinois, grandparents can petition the court to secure visitation rights with grandchildren. However, a grandparent must show that by not seeing their grandparents, the child is being harmed. As such, “the burden is on the party filing a petition” to prove that the parent’s decision about visitation will “cause undue harm to the child’s mental, physical, or emotional health,” according to Illinois statute 750 ILCS 5/602.9. A grandmother or grandfather must show that the time spent with them has a positive impact on their grandchild’s mental, physical, and emotional well-being.

Having a close relationship with a grandparent benefits children’s well-being; previous research has shown that these types of relationships can reduce depressive symptoms in both the grandparents and the grandchild. If this is so widely known, and many studies have come to the same conclusion, does that mean that a court will simply accept a grandparent’s and child’s mutual wishes to continue spending time with one another? Sadly, the situation is more complex than this.

The Court’s Considerations

When making decisions about whether grandparent visitation is in a child’s best interests, the court will use the following factors to make a decision about grandparent visitation:

  • The wishes of the child.
  • The length and quality of the relationship between the grandparent and the grandchild.
  • The good faith of the grandparent and the good faith of the parent denying visitation access.
  • The quantity of visitation time requested.
  • Any potential adverse effects that visitation could have.
  • Factors that reveal the effects the loss of the grandparent/grandchild relationship would have on the child.
  • Whether or not the visitation can be structured in a manner to avoid conflict between the adult parties.

Call an Experienced DuPage County Grandparent Visitation Lawyer Today

The emotional bond between a grandparent and a grandchild should never be broken because of a parent’s vengeful mindset. Our dedicated Wheaton family law attorneys can help reunite grandparents with their grandchildren by petitioning for visitation rights. Call 630-871-1002 to schedule a free consultation today.

Sources:

http://www.ilga.gov/legislation/ilcs/documents/075000050K602.9.htm

https://newsroom.clevelandclinic.org/2018/09/06/close-relationship-with-grandparents-benefits-grandchildren/

Restricting Parenting Time After Divorce in Illinois

child-visitation-modificationThere are a multitude of reasons a parent may wish to restrict visitation between a child and their other biological parent. Sometimes there is evidence of neglect or abuse, and in other cases, the child does not want to go for their own reasons. No matter the situation, a parent’s natural instincts kick in to protect their child and do what is best for them. Yet you must balance that with what is also legally appropriate.

When it comes to parenting time in Illinois, is it ever permissible to restrict visitation?

Obstructing Court Order

Typically, only under the direst of circumstances will a judge restrict visitation to a biological parent. However, a clause exists protecting children from potential danger. After any court order is given, such as a parenting time agreement, only a judge can legally approve modifications. Non-compliance with a standing court order is illegal and can result in harsh penalties, but a judge can authorize modifications if evidence exists that visitation would endanger the child’s physical, mental, moral, or emotional health in a serious manner.

Child Visitation Modification

Although courts in Illinois prefer to allow both parents to share parenting time responsibilities, if doing so places the child in immediate danger, the court can make any modifications they deem appropriate, including, but not limited to:

  • Reducing or eliminating parenting time;
  • Ordering supervision with parenting time or temporary visits;
  • Requiring child exchange through a third-party;
  • Restricting proximity or communication;
  • Mandating a location for visitation;
  • Restricting certain third-parties from vicinity during parenting time;
  • Denying visits if the parent is under the influence of drugs or alcohol;
  • Requiring one parent to post bond before parenting time;
  • Prohibiting overnight stays;
  • Requiring the completion of a treatment program; or
  • Any other restriction the court approves.

Ask a Wheaton, IL Family Attorney

No matter how you feel about your ex, only the court may reduce or restrict parenting time arrangements. Acting without the appropriate legal measures in place may result in contempt charges, followed by hefty fines and jail time, neither of which helps protect your children. If you would like to modify an existing parenting plan, a proven DuPage County parenting time attorney can help. At Andrew Cores Family Law Group, we understand the need to protect your children and we will do everything in our power to ensure their safety as quickly as possible. Call us today to schedule your free and confidential initial consultation at 630-871-1002.

Source:

http://www.ilga.gov/legislation/ilcs/documents/075000050K607.5.htm