The Challenges of Child Visitation Rights
Divorce and separation can be a difficult enough process without having to face the prospect of being absent from your children’s lives. Fortunately, Illinois law favors the involvement of both parents in their children’s lives. While many divorced parents share time with their kids every few days or every other week, many courts decide that sole physical custody lies with one parent. The other parent then has a “reasonable” right to visitation. Navarro Family Law can help by bringing your case to a judge and fighting for your rights.
“Reasonable” Visitation
So, what does it mean to have a right to “reasonable” visitation? That depends on the circumstances, including the children’s ages. The court can also modify terms of visitation if circumstances change. The custodial parent can get a court to restrict the other parent’s visitation rights only by proving that doing so is in the child’s best interests. After all, visitation rights aren’t for the parents per se; it’s for the children, and the court decides accordingly. Only extreme circumstances justify permanently depriving a parent of visitation.
The court can restrict visitation in the following ways:
- Prohibit overnight visits
- Require that visits be made in the custodial parent’s home
- Require that visits happen outside noncustodial parent’s home
- Prohibit a parent from contacting a child while under the influence of mind-altering substances
- Require that visits be supervised by a third party
Alienation
A frightening aspect for the noncustodial parent is the possibility of the other parent refusing visitation and even poisoning the children’s feelings towards them. This is called parental alienation. The courts and even judges can put orders in place prohibiting this kind of behavior from either parent. At worst, some noncustodial parents won’t see their children for years at a time – reunifying with them can be a difficult process for everyone, including the child. At those times, a neutral attorney can review your case and act in the best interests of the child.
If you’ve had difficulties in seeing your children after a divorce or separation, let attorney Michael Navarro at Navarro Family Law represent your rights and best interests for your child. Contact Navarro Family Law at (815) 207-9570 today.
The information on this site is not legal advice. Retain an attorney licensed in the state which has jurisdiction over your matter before taking any action which affects your legal issues, legal marital status or custody arrangements, and follow the advice of your retained lawyer.