Feb 21, 2018 | Child Custody


Although the common wisdom these days is that it is best when parents each have as much time with their children as possible if they are not living together in the same household, in some cases, that is simply not a good idea.

For example, if one parent has a documented history of abuse, either against the child or the other parent, then it may be best to ask that the perpetrator have limited contact with the child, even if that means restricting the other parent’s visitation rights beyond what one would expect in an “ordinary” case.

In Illinois, legal restrictions on parenting time, including supervised visits and the like, are disfavored in Illinois. The legal default is that restrictions are unnecessary at that both parents are going to have the parenting time that any other Illinois mother and father would enjoy.

However, a court can order supervised visits or take other restrictive measures in certain situations. In particular, if a parent can prove that a restriction on parenting time is necessary to prevent a child’s physical health or overall well-being from being “seriously” endangered, then the court can order a restriction on parenting time.

The restriction is going to have to be narrowly tailored to resolve the problem; it can’t be more than what is truly necessary.

A Rockford resident who is in the middle of a child custody dispute has an uphill battle if requesting restricted parenting time. However, an order for supervised visits is not absolutely impossible, and a skilled custody attorney in Illinois can help a parent make his or her case that restrictions on parenting time are necessary in a given case.