Protecting Your Rights of Visitation

 Posted on September 11, 2015 in Illinois Law

Anyone who has experienced it can confirm that parenting after a divorce or separation can be extremely challenging. The difficulties are often magnified for the parent who has not been granted primary physical custody of the child. If you are a non-custodial parent, you deserve to have a relationship with your child. Perhaps even more importantly, your child deserves a relationship with you, as family and child experts generally agree that the active participation of both parents in a child's life can a long-lasting positive impact.

Visitation Laws in Illinois

The Illinois Marriage and Dissolution of Marriage Act provides that a parent who was not granted custody of their child “is entitled to reasonable visitation rights.” What constitutes “reasonable,” however, will depend upon the individual circumstances of each family's situation and the child's best interests. In some cases, the parents, with guidance from the court, may develop a relative strict schedule for visitation, while in others, the parents utilize a more flexible, informal agreement. Regardless of the structure in place, you, as the non-custodial parent have the right to spend time with your child.

Unreasonable Denial

It is an unfortunate reality that ongoing disputes between parents often place their children in the middle. The primary custodial parent may try to use access to the child as leverage to ensure the payment of child support or to control the non-custodial parent. Sometimes, a parent may deny visitation simply out of spite. Only the court, however, has the right to limit or restrict visitation.

If your child's other parent is preventing you from spending time with your child without court intervention, you should notify the court immediately. Visitation can only be restricted or denied if your child is found to be in physical, mental, emotional, or moral danger by visiting with you. In the absence of serious endangerment, you can petition the court to enforce your rights regardless of the other parent's wishes. By continuing to deny your visitation rights, the other parent may be found in contempt of court and ultimately jeopardize his or her status as primary custodial parent.

Trusted Legal Help

When you need assistance securing your parental rights of visitation, contact an experienced Will County family law attorney. At the Law Offices of Tedone and Morton, P.C., we are proud to advocate on behalf of parents seeking to provide for the best interests of their children. Call us today to schedule a confidential consultation and get the help you need from a team that truly cares.

Sources:

http://www.nationalreview.com/article/418489/children-need-both-parents-even-after-divorce-robert-franklin

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=075000050K607