CHILD VISITATION AND PARENTING TIME

There is a common misconception that when one parent is awarded custody of a child, the non-custodial parent’s relationship with that child will inevitably be compromised. This is simply not true. With appropriately drafted parenting time and visitation agreements, relationships between non-custodial parents and their children can be not only preserved, but strengthened. The key to such an arrangement depends on the lawyer’s ability to draft an agreement that will effectively consider and address the needs of the child, the parents and the family as a whole. Attorney Collin will work closely with you in drafting a visitation schedule that will serve to maximize involvement in your child’s life while also serving the best interests of the minor.

The issue of visitation and parenting time in Illinois is governed by Section 607 of the Illinois Marriage and Dissolution of Marriage Act. The statute provides that non-custodial parents have a right to reasonable visitation and parenting time. Because this is a right and not a privilege, non-custodial parents cannot be denied or deprived of visitation or parenting time unless a court finds, after a hearing, that visitation would seriously endanger the child’s physical, mental, moral or emotional health.

There is no standard visitation schedule utilized by courts in Illinois, and the law specifically states that the “maximum involvement…of both parents…is in the best interest of the child.”

A reasonable visitation or parenting time schedule is usually determined by the unique needs and practical considerations of each family involved. These considerations may include, but not be limited to: the distance between the homes of the custodial and non-custodial parents, the arrangements for transportation, the parents’ respective work schedules, and the child’s academic and extra-curricular schedules.

It is important to know that a non-custodial parent’s visitation rights and the payment of child support are separate and distinct legal issues. In other words, a non-custodial parent cannot be denied or restricted visitation simply based on the non-payment of child support. If a custodial parent attempts to withhold visitation because the non-custodial parent is delinquent in child support payments, such a denial of visitation constitutes “unlawful visitation interference.”

Section 607 of the IMDA also grants reasonable visitation privileges to siblings, grand-parents and great grand-parents of any minor child if a court determines that it is in the best interest and welfare of the child and may issue any necessary orders to enforce such visitation privileges.

MODIFICATION OF VISITATION

In any family law proceeding, visitation and parenting time are subject to the continuing jurisdiction of the court. As a child grows, their needs and schedules change. Moreover, the circumstances of the family may evolve over time. Consequently, modifying a visitation schedule may be appropriate if it is in the best interest of the minor. If a visitation arrangement is modified by the court, the non-custodial parent’s child support obligations may be subject to change as well.

CONTACT AN ILLINOIS CHILD VISITATION ATTORNEY

If you are involved in a child visitation matter, you need the advice and assistance of an experienced and aggressive child visitation attorney to protect you and your children’s legal rights. Call Collin Law Offices, P.C. today at our Chicago office at (312) 263-1252 or at our suburban office in Berwyn at (708) 714-2266 and schedule a FREE CONSULTATION to learn more about how we can assist you.

COLLIN LAW OFFICES, P.C. CAN ASSIST YOU WITH

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