When May the Court Restrict My Visitation Rights to My Child?

 Posted on December 08, 2023 in Divorce

In Illinois, visitation rights are crucial for maintaining a healthy parent-child relationship. However, there are instances where the court may restrict or limit these rights. If you are going through a divorce and have concerns regarding what the divorce will mean for the contact between you and your child, contact an experienced lawyer to get the legal assistance you deserve.

Understanding Visitation Rights in Illinois

Visitation rights, also known as parenting time, refer to the time a noncustodial parent spends with their child after divorce. In Illinois, the court encourages both parents to maintain a meaningful relationship with their child unless it is deemed detrimental to the child’s well-being. However, there are situations where visitation rights may be restricted to ensure the child’s safety and best interests.

Factors Influencing Visitation Restrictions

The court considers several factors when determining whether to restrict visitation rights. These factors include:

• Domestic violence or abuse – If there is evidence of domestic violence or child abuse, the court may restrict visitation rights to protect the child from harm.
• Substance abuse – If a parent has a substance abuse problem that poses a risk to the child’s safety or well-being, the court may limit visitation until the parent seeks treatment or demonstrates significant progress in recovery.
• Neglect or endangerment – If a parent consistently neglects the child’s needs or engages in behavior that endangers the child’s physical or emotional well-being, the court may restrict visitation rights. 
• Parental alienation – If one parent attempts to manipulate or alienate the child from the other parent, the court may restrict visitation to prevent further harm to the child’s relationship with the noncustodial parent. 
• Mental health concerns – If a parent’s mental health condition significantly impairs their ability to provide a safe and stable environment for the child, visitation rights may be restricted until appropriate treatment is sought. 

Contact a Joliet, IL, Child Visitation Attorney

While the court most often supports the involvement of both parents in a child’s life after a divorce, there are circumstances where visitation rights may be restricted in an Illinois divorce. The court’s primary concern is the child’s safety and well-being. If you are facing visitation restrictions in your divorce case, it is essential to speak with a knowledgeable family law attorney. They will ensure you have the best chance possible to obtain a favorable visitation determination. Contact the esteemed Plainfield, IL, child visitation lawyers with Law Offices of Tedone and Morton, P.C.. Call 815-666-1285 for a free consultation.