When Do Illinois Courts Restrict Parenting Time or Parental Responsibilities?

 Posted on March 03,2021 in Child Custody

If you are a parent who is unmarried or getting divorced, you and your child’s other parent will need to determine a child custody arrangement. If you are unable to agree upon child custody terms, the court may intervene and decide for you. Parents have a legal right to spend time with their child and to be involved in major child-related decisions. However, a parent’s rights may be restricted by the court if doing so is in the child’s best interests.

There is a Rebuttable Presumption That Parents Are Fit

The term “fit” is used to describe parents who are willing and capable of providing for their child’s needs and keeping their child safe. Illinois courts assume that parents are fit unless there is sufficient evidence to the contrary. The top priority in any child custody dispute is the child’s safety and well-being. Per Illinois law, Illinois courts can restrict a parent’s child-related rights and authority if the parent has acted in a way that endangered the child or significantly harmed the child’s emotional development.

Orders the Court May Enter to Protect a Child’s Well-Being

Illinois courts have the authority to restrict a parent’s parenting time if the court determines that unrestricted parenting time would seriously endanger the child physically, mentally, or psychologically. There are many different ways that the courts may restrict parenting time. The court may:

• Reduce the amount of parenting time a parent has

• Reduce the parent’s decision-making responsibilities

• Require parenting time to be supervised

• Require the parents to exchange the child through a third party or in a protected setting

• Require the parent to abstain from drugs or alcohol during parenting time

• Prohibit the presence of a specific person during parenting time

• Require the parent to complete a domestic violence or substance abuse program

If you are worried that the other parent will harm you or your child, there are many different legal remedies available to you. In some cases, restricting the other parent’s parenting time or parenting responsibilities is not enough to keep you and your child safe.  An emergency order of protection (EOP) is a court order that can require the other parent to stay a certain distance away from you or your child, surrender firearms, and more. An EOP is available without a hearing and is often issued on the same day on which it is requested.

DuPage County Child Custody Attorney

If you have concerns about your child’s safety while they are with the other parent, do not wait to get legal assistance. A Naperville, IL child custody lawyer from the Pesce Law Group, P.C. can help you get an order of protection, petition the court for a restriction of the other parent’s parenting time, and take other actions to protect your child. Call 630-352-2240 for a free, confidential consultation.

Sources:

https://www.ilga.gov/legislation/ilcs/documents/075000050K603.10.htm