Parental Visitation Rights in Illinois

 Posted on July 30, 2015 in Visitation

After divorce settlements and child custody arrangements have been determined, parents must make decisions on how visitation rights will be structured. In Illinois, unless a parent is viewed as a threat to their child’s well-being, visitation rights for the non-custodial parent are required by the courts. Parents have the option to create visitation schedules on their own, or the court may set a visitation schedule for them.

Reasonable Visitation

Illinois courts require that visitation be “reasonable,” meaning that visitation rights are neither prohibited nor unlimited. The specific application of “reasonable visitation” varies from case to case. In some cases, supervised visitation may be required, either at a visitation center or in the home of a third party. Parents have the ability to drop the child(ren) off at predetermined locations if they do not want to have contact with their former spouses. Visitation rights can also be granted for other relatives such as grandparents.

Schedule Change Procedures

Sometimes a parent may need to permanently adjust their visitation agreement and schedule due to a change in personal circumstances. The court should be notified of any changes to visitation agreements. In a situation where the parents cannot come to an agreement on how to alter the schedule, parents must file a “motion for modification,” and the court will determine if and how to modify the current arrangement. By law, the court must always consider the best-interests of the child(ren) before making any changes.

Failure to Comply

Not all parents remain in compliance with their visitation arrangements. This can leave the other parent and the child(ren) feeling frustrated and helpless. However, there are options. If a parent is interfering with current visitation rights or will not meet predetermined visitation agreements, the court may need to modify the schedule and structure of the visitation arrangement. If the child(ren) do not want to go visit the other parent, the court may restructure the arrangement to include supervised visitation.

Co-Parenting Consultations

Parents who have a good relationship with their former spouses should take every opportunity to discuss potential problems or changes to visitations arrangements with each other before going to court. This helps ensure that a change will be acceptable by all parties involved. Visitations arrangements are legally binding, and breaking the agreement can result in legal consequences.

Family law firms can help parents make decisions regarding all of their custody and visitation arrangements. At the Pesce Law Group, P.C., we have years of experience providing families advice and representation on matters relating to divorce, custody, and visitation. If you are contending with child visitation challenges, please consult with Naperville family law attorney for more information. Contact us today at 630-352-2240 to schedule your complimentary consultation.