Illinois Visitation Rights: What are non-custodial parents entitled to?

Understanding Visitation Rights in Illinois

In Illinois, as in many other states, the emotional and physical welfare of the child is of paramount importance when determining visitation rights for non-custodial parents. The term 'visitation' refers to the time that a non-custodial parent spends with their child. Although custody and visitation rights are often settled during divorce or separation proceedings, they can also be revisited if circumstances change.

Legal Framework Governing Visitation Rights

The Illinois Marriage and Dissolution of Marriage Act outlines the state's guidelines for visitation rights. Courts will consider various factors when granting visitation rights, including the wishes of the child, the mental and physical health of all parties involved, and any history of violence or substance abuse. It's essential to understand that visitation rights are viewed separately from custody arrangements and child support obligations.

Standard Visitation Schedules

While each case is unique, Illinois courts often start with a standard visitation schedule that typically includes alternate weekends, some holidays, and extended time during summer vacations. These schedules are not set in stone and can be adjusted based on the needs of the child and the circumstances of both parents.

Modification of Visitation Rights

Non-custodial parents have the right to request a modification of visitation rights if there is a significant change in circumstances. To modify a visitation order, one must demonstrate that the change will serve the best interests of the child. A parent may seek more visitation time if they move closer to the child or if there has been a substantial improvement in their ability to care for the child.

Supervised Visitation

In cases where there might be concerns about the child's safety or well-being, a court may order supervised visitation. This means that a third party, like a professional agency or a mutually agreed-upon adult, must be present during visits.

Protecting Visitation Rights

If a custodial parent interferes with the visitation schedule without cause, they may face legal consequences. Non-custodial parents have several avenues for addressing interference, including seeking court intervention to enforce their rights. Persistent interference can lead to modifications in custody arrangements in severe cases.

Conclusion

Non-custodial parents in Illinois are entitled to reasonable visitation rights unless it is shown that such visitation would be detrimental to the child's well-being. Understanding these rights and how they can be modified is crucial for maintaining a healthy relationship with one's child post-separation or divorce.