Skokie Child Visitation Attorney Asserts Your Parental Rights

Family law firm serving Skokie and Northfield

Parents who live in separate households often fall into conflict over visitation, whether they are divorced, separated or unmarried. Disputes often arise over the scheduling of parenting time and the venue for visits and specific activities. Parents with animosity toward each other can try to undermine the relationship between the child and the other parent. At the Law Offices of Paul Chatzky, our family lawyers work to resolve these conflicts so our clients can maintain their parental relationships and be a positive force in their child’s life.

What is child visitation?

Visitation, also known as parenting time, protects a noncustodial parent’s right to maintain a loving relationship with their child. Parents who are not granted physical child custody are usually are granted visitation if it is deemed to be in the best interests of the child. The law presumes that frequent contact with a parent promotes the child’s physical, emotional, and developmental welfare, but visitation can be tailored to the specific circumstances.

What visitation rights does a noncustodial parent have in Illinois?

Illinois law provides that a noncustodial parent is entitled to reasonable parenting time. This may translate, for example, to one weeknight visit per week, overnights every other weekend and an extended summer visit.

Reasons a court can restrict a parent’s visitation rights in Illinois

The court can restrict or prohibit visitation if contact with the parent would present risks to the child’s safety, stability, or well-being. When concerns for the child’s physical, mental, moral, or emotional health are present, a court can respond by imposing any of these requirements:

• Visits supervised by a third party
• Visits at the custodial parent’s home
• Visits at a venue other than the noncustodial parent’s home

The court can prohibit overnight stays as well as other visits with a parent who is under the influence of drugs or alcohol. Often, the court will list measures the noncustodial parent must take to have the restrictions lifted.

Grandparents’ visitation rights

When parents divorce, or a parent passes away, grandparents can find themselves cut off from their grandchildren. In Illinois, grandparents have a limited right to visitation. Courts may grant visitation if it would be in the best interests of the child and one of the following conditions are met:

• A parent is deceased or has been missing for at least 90 days
• A parent is legally incompetent to care for the child
• A parent has been in jail for at least 90 days
• The parents have divorced or legally separated and at least one parent doesn’t object to grandparent visitation
• The child’s parents are unmarried and not living together

A court considers multiple factors in grandparent visitation cases, including the grandparents’ health, the quality of their relationship with the child and the parent’s reason for cutting off communication.

Can a child refuse visitation?

In most cases, it is the custodial parent’s duty to prepare the child for visits and to encourage a positive relationship with the noncustodial parent. A court can sanction a parent for attempting to alienate a child’s affections from the other parent. That said, children may have their own preferences, including a wish to end visitation. A child does not have to reach a particular age for the court to entertain such a request. However, unless there are specific circumstances indicating that visitation is detrimental to the child, a court will lean towards preserving it.

Contact an experienced child custody attorney for visitation in Northfield, IL

The Law Offices of Paul Chatzky helps parents in Northfield and Skokie obtain visitation orders that uphold their parental rights. Call us today at 847-416-1646 or contact us online to schedule a consultation. Our offices are conveniently located at 790 West Frontage Road in Northfield, just off I-94.