Parenting Time is a Privilege - Understanding When Parenting Time May Be Restricted

 Posted on November 07, 2016 in Family Law

Parents tend to believe that they have a "right" to see and spend time with their child, but this is not always true. In fact, there are situations in which a parent can lose their parenting time or have it restricted. If you are in the midst of a child-related issue and believe that your child needs protecting, or are facing potential restriction of your parenting time, the following information can help you better understand when and why parenting time might be restricted.

Two Parents Are Typically Considered Beneficial

In most divorces and child-related cases, the presence of both parents is considered optimal. This does not mean that each parent receives equal parenting time, but it does mean that the courts tend to acknowledge that each parent has something unique to contribute to the life of the child. Further, children are typically better adjusted when they have two loving and involved parents. Yet there are situations in which a parent may pose a risk to a child. In these situations, two regularly and unrestricted parents may be considered a less favorable option.

Why Parenting Time May Be Restricted

Parents who have a history of substance abuse, domestic violence, violent crimes, sexual abuse, and other issues that could expose the child to dangerous or hurtful behavior or situations may have their parenting time restricted. Further, if a parent has a history of neglecting or abusing the child, their time with the child may be restricted. This does not necessarily mean that they will lose all rights to see their child, however. In fact, the courts typically attempt to maintain the child-parent bond whenever feasible and safe. As such, they may require that a parent only have supervised visits, or that they not have the child for overnight or weekend visits.

Dealing with Parenting Time Restrictions

Whether you believe that your child may be in danger or at risk for harm if they have unrestricted visits with their other parents, or believe that you are being wrongfully accused of potentially hurtful behavior, it is critical that you contact an experienced family law attorney for parenting time restriction issues. This is because the former could be accused of parental alienation for trying to keep their child safe, while the latter may be at risk for losing time with their child, despite having done nothing wrong.

At The Stogsdill Law Firm, P.C., we understand that family law cases are not always what they seem. We fight for the best interests of children. We fight to ensure they are protected from harm, regardless of whether that harm is from wrongful parental alienation or a desire to keep them from being hurt or abused. Schedule your consultation with our Wheaton family law attorneys to find out how we can help with your case. Call 630-462-9500 today.

Source:

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2086&ChapterID=59&SeqStart=8300000&SeqEnd=10000000