When parents in Illinois divorce, they must make decisions regarding their children. In Illinois, parents have rights and responsibilities when it comes to parenting their children. The law allows parents to spend time with their child, even if the child lives primarily with the other parent.
Illinois child visitation laws, now known as parenting time, are in place to help ensure that parents have access to their children after a divorce. It is helpful to seek guidance from an experienced Chicago child visitation lawyer to assist you in resolving issues of your divorce, including support and visitation.
Both parents have an equal right to spend time with their children unless a court finds that there are extreme circumstances that won’t allow it. In most cases, the children will reside primarily with one parent, the parent with primary physical custody. The non-custodial parent has a right to visitation (“parenting time”) with the children on a regular basis.
The Illinois Marriage and Dissolution of Marriage Act states that parents who are not designated as the primary residential parent are entitled to reasonable parenting time with the child. A non-custodial parent is presumed to have visitation rights unless otherwise disallowed through the courts.
A parent cannot take it upon themselves to deny visitation that has been ordered to the other parent. The only way to stop visitation is for the custodial parent to file a legal request. In a situation where a parent is not fit to spend time with a child due to abuse or other factors, the parties must have a court hearing.
The judge will evaluate the details of the case to decide whether a parent should not be allowed visitation or should be allowed only supervised visitation. It is important to note that the courts will always act in the best interest of the child. If the child is in physical or other danger, the court may decide that a parent is not allowed to visit with the child.
In some instances, the court may decide that the child should be allowed to visit with the parent, but only when another person supervises the visit. The court may appoint a particular person as the specified supervisor for visits with the child.
The court order will provide the details of supervised visits and these rules must be followed. If the parent is found to violate the order, they could face severe consequences. Supervised visitation may be part of an order in cases where a parent has problems, such as substance abuse issues. The child must never be put into a dangerous situation.
Child visitation frequency varies from family to family. Many factors will help to determine how often and how long visits with the child are to take place. In many families, the non-residential parent will have visitation every other weekend, but this is now considered a bare minimum. You need to work out the details of what works for your family.
A parenting plan is a detailed schedule that provides specific information about how, when, and where visitation is to occur. Parents can work together to come to an agreement regarding the parenting plan before it becomes part of the divorce order. Once in place, changes must be made through the court.
Child custody and visitation matters in Illinois are governed by the Illinois Marriage and Dissolution of Marriage Act (IMDMA). Illinois law no longer uses the term “custody” in the traditional sense and instead focuses on parental responsibilities and parenting time. Below are answers to some of the most frequently asked questions about child custody and visitation law in Illinois.
In Illinois, parental responsibilities refer to a parent’s authority to make major decisions about a child’s upbringing. This includes decisions regarding education, healthcare, religion, and extracurricular activities. The court may allocate parental responsibilities jointly between both parents or solely to one parent, depending on what serves the child’s best interests.
Parenting time replaces the term visitation in Illinois law. It refers to the time each parent spends physically caring for and interacting with the child. Parenting time can be shared relatively equally or allocated primarily to one parent, depending on the family’s circumstances. The focus is on maintaining a meaningful relationship between the child and both parents whenever possible.
Illinois courts decide parental responsibilities and parenting time based on the best interests of the child. Factors considered include:
No presumption favors one parent based on gender.
A child does not have the sole authority to decide custody arrangements in Illinois. However, the court may consider the wishes of a mature child, taking into account the child’s age, maturity level, and reasons for their preference. The child’s preference is only one factor among many.
If a parent willfully violates a court-ordered parenting time schedule, the court may impose penalties. These can include makeup parenting time, fines, modification of the parenting plan, or, in serious cases, contempt of court. Courts expect both parents to comply with orders and encourage cooperation.
Yes. Parenting time and parental responsibilities can be modified if there is a substantial change in circumstances and the modification is in the child’s best interests. Common reasons for modification include relocation, changes in work schedules, concerns about a child’s safety, or ongoing conflict between parents.
If a parent wishes to relocate with the child, Illinois law requires notice to the other parent and, in many cases, court approval. The court will evaluate factors such as the reason for relocation, the impact on the child’s relationship with the other parent, and whether a revised parenting plan can preserve meaningful contact.
Illinois allows limited grandparent visitation under specific circumstances, such as when a parent is deceased, incarcerated, or unreasonably denying visitation. Courts carefully balance parental rights with the child’s best interests when considering these requests.
Child custody disputes can be emotionally charged and legally complex. Having experienced legal guidance helps ensure that parental rights are protected and that custody arrangements comply with Illinois law while prioritizing the child’s best interests.
Both parents should be able to spend time with their children following a divorce. It is helpful to seek guidance regarding Illinois child visitation laws during the divorce to resolve any issues that could cause disagreements later. To learn more, contact our Chicago child custody lawyers at Gordon & Perlut, LLC, at (312) 360-0250 for a free phone consultation.