Can Restrictions Be Placed on Parents in Child Custody Cases?

 Posted on April 24, 2024 in Child Custody

In child custody cases, the most important consideration is the safety, health, and well-being of the children involved. Courts often face the delicate task of balancing parental rights with the need to protect children from potential harm. If there are any concerns about children’s safety and well-being, parents may wonder whether any restrictions can be placed on child custody. In Illinois family law cases, there are some situations where restrictions may be appropriate, and these restrictions must be applied carefully to ensure they serve the children's best interests.

The attorneys of Weiss-Kunz & Oliver, LLC provide legal guidance and representation in cases involving potential restrictions on child custody. We can help parents understand when these restrictions may be appropriate, and we advocate for solutions that will protect their children’s best interests. Whether a parent is seeking restrictions because they are concerned about their children’s safety and well-being, or a parent needs to respond to allegations of behavior that could put their children at risk and affect their parental rights, we can provide effective legal representation while working to resolve cases effectively.

Reasons for Placing Restrictions on Parental Responsibilities

Parental responsibilities or parenting time may be restricted when there is concern about the children's safety, health, or well-being. Common issues that may lead to these types of restrictions include:

• Substance abuse: If a parent struggles with alcohol or drug dependency, the court may find that their capacity to care for his or her children has been compromised. Potential substance use around children or the availability of drugs or alcohol in a home may be reasons for concern.

• Mental health issues: Conditions that are not effectively managed may potentially impact a parent's ability to provide a safe and stable environment for children. Mental illnesses or mood disorders such as bipolar disorder, schizophrenia, or depression could potentially put children at risk if a parent is not taking proper medications or following the instructions of mental health professionals.

• History of violence or abuse: Any evidence of domestic violence or child abuse will be taken very seriously by courts. If a parent has been accused of behavior that could put children at risk, he or she may face significant limitations to child custody rights.

• Neglectful behavior: If a parent has failed to provide adequate food, shelter, education, or medical care for children, this may be a reason to restrict parental rights.

When Can Parental Alienation Play a Role in These Cases?

While the issues described above may affect children’s safety and health, disputes between parents may also lead to concerns about children’s emotional well-being. Actions by a parent that may cause harm to the other parent’s relationship with the couple’s children may be considered parental alienation. This can harm a child’s emotional well-being and affect the relationship with both parents. If a parent has taken any actions to interfere with the other parent’s relationship with their children or their parenting time, this could potentially lead to restrictions on child custody.

Understanding Parental Alienation

Parental alienation generally involves actions or behaviors that harm a parent’s relationship with his or her children. Parental alienation may be committed purposely, or it may be the result of a parent’s negative attitudes toward the other parent. Different forms of parental alienation may include subtle behaviors or more overt forms of interference, including:

• Speaking negatively about the other parent in front of the children

• Attempting to get children to take sides in disputes between the parents

• Limiting communication and contact between the children and the other parent

• Convincing children to refuse contact with the other parent without just cause

• Refusing to follow court-ordered parenting time schedules

• Preventing the other parent from attending important events in the children’s lives such as school activities or doctor’s appointments

• Using legal tactics unjustly to restrict the other parent’s access to the children

Types of Restrictions That May Be Imposed

In cases where children’s safety or well-being may potentially be at risk, the court can impose a variety of restrictions, including but not limited to:

• Supervised visitation: During a parent’s scheduled parenting time, he or she may be required to have another adult present who will monitor interactions with the children and ensure that there are no safety risks. This may be deemed necessary if there are concerns about the children’s immediate safety when they are with a parent.

• Limited contact: The court may choose to reduce the amount of time a parent will spend with his or her children, reducing the possibility that the children could be exposed to potentially harmful situations. Conditions may be placed on when and where parenting time will occur.

• Prohibiting overnight stays: If there are concerns about the children’s well-being during extended periods of parenting time, a parent may only be allowed to spend time with children on certain days or evenings. Ensuring that children always stay overnight with one parent and not the other can also provide stability and consistency.

• Therapy or rehabilitation programs: A parent may be required to receive treatment from a counselor or mental health professional or take classes to help prevent domestic abuse. These programs may be a condition for maintaining or expanding parental rights.

Options in Cases Involving Parental Alienation

Because parental alienation may not have an immediate impact on children’s health and safety, the restrictions described above may not always be appropriate in these situations. Instead, the court may focus on finding solutions that will encourage healthy relationships with both parents. These may include:

• Modification of child custody: If one parent is found to be alienating children from the other parent, the court may modify custody arrangements to protect the children’s relationship with their other parent. This might mean increasing the amount of parenting time a parent will have with the children or adjusting decision-making responsibilities to ensure that a parent can remain closely involved in the children’s lives.

• Implementation of a detailed parenting plan: The parenting plan created during a divorce or child custody case may include a variety of terms that are meant to encourage positive parent-child relationships while helping parents cooperate to raise their children. Rules for communication between parents and children may be put in place, or precise pick-up and drop-off times and locations may be specified to prevent misunderstandings and conflicts.

• Counseling requirements: The courts may order the parents to participate in family counseling meant to ensure that they will be able to work together to raise their children while shielding the children from conflict. Individual therapy for parents or children may also be required to address underlying issues contributing to parental alienation.

• Legal sanctions: If a parent continues to interfere in the other parent’s parenting time or relationship with the children, the court may impose restrictions meant to address these issues and protect the children’s well-being. Certain parental responsibilities may be granted to the other parent, or parenting time may be adjusted to address interference. If a parent continues to violate the court’s orders and engage in alienation, he or she could even be held in contempt of court.

Legal Procedures in Cases Involving Child Custody Restrictions

In cases where restrictions on child custody may be appropriate, certain steps will be followed:

• Filing of motions: A parent may request that certain restrictions be put in place to address issues that could affect his or her children’s well-being. Motions filed will usually need to include evidence that the other parent has engaged in behavior that could put the children’s safety at risk, and the concerned parent may ask for restrictions such as limitation of contact between a parent and the children or supervised parenting time.

• Appointing a guardian ad litem or child custody evaluator: The court may use evaluators or other professionals to investigate the family’s situation, determine whether the concerns raised by a parent are legitimate, and recommend solutions that will provide for the best interests of the children.

• Hearings and testimonies: The parents may appear in court, present evidence supporting the need for restrictions or showing why restrictions are not necessary, and provide testimony about the issues being addressed.

• Court’s decision: Based on the evidence and recommendations from appointed professionals, the court will make a decision on whether restrictions should be put in place, whether a parenting plan may be modified, what requirements the parents will need to meet, and any other steps that should be taken to protect the children’s best interests.

Understanding the Roles of Guardians ad Litem or Child Custody Evaluators

To ensure that decisions about potential restrictions on parental responsibilities will provide for the best interests of the children involved, the court may rely on professionals appointed to investigate a case, including a guardian ad litem (GAL) or a child custody evaluator. These professionals serve as neutral parties whose primary role is to investigate the family’s circumstances and make recommendations to the court concerning the child’s best interests.

Guardian Ad Litem

A GAL is an attorney or trained advocate appointed by the court to represent the best interests of the child. The duties of a GAL include:

• Investigating the family’s situation: This may involve visiting each parent’s home, interviewing the child and parents, and speaking with other significant people in the child’s life, such as teachers or doctors.

• Filing reports: A GAL will report findings and recommendations to the court, which can include suggestions about custody arrangements and any necessary restrictions on parental responsibilities.

• Testifying in court: The GAL may serve as a witness in court proceedings, answering questions about the information uncovered during the investigation and explaining why he or she believes the suggested solutions will serve the child’s best interests.

Child Custody Evaluator

These professionals, who are often psychologists or social workers, perform a similar role as a GAL, but will often focus on assessing the psychological and developmental needs of children. Their assessments may include:

• Conducting psychological evaluations: Evaluators may take steps to understand the mental and emotional capacities of the children and the parents. This can help identify issues that may affect children’s well-being while also ensuring that the children’s ongoing needs are understood.

• Making recommendations: Evaluators will provide the court with detailed reports that include recommendations on the allocation of parental responsibilities and parenting time. These recommendations will be tailored to the child’s psychological needs and their physical and emotional well-being.

Addressing Issues Related to Child Custody Restrictions

For parents who are involved in cases where children’s safety, health, and well-being may be at risk, it is important to take the correct steps to protect parental rights and ensure that the correct solutions can be put in place. Some strategies to use in these cases include:

• Document everything: It is important to keep detailed records of any incidents where a parent has acted in ways that put children at risk. Parents may also need to document patterns that suggest alienation or interference, including texts or emails an alienating parent has sent, as well as violations of parenting time arrangements or other orders put in place by the court.

• Comply with court orders: Parents should continue to follow all orders put in place during a given case while meeting all applicable legal expectations. This will demonstrate a commitment to co-parenting effectively.

• Seek legal counsel: A skilled attorney who understands the nuances of family law can advocate effectively on behalf of a parent while working to protect children’s best interests.

Contact Our DuPage County, IL Child Custody Attorneys

Navigating child custody issues involving potential restrictions on parenting can be a complex and emotionally challenging process. If you are involved in a custody dispute, and you believe that restrictions may be necessary, or if you are facing proposed restrictions you believe are inappropriate, Weiss-Kunz & Oliver, LLC can help you determine how to resolve these issues effectively. Our Elmhurst, IL child custody lawyers can fight to protect your parental rights and your children’s best interests. Reach out to us at 312-605-4041 to set up a consultation today.