Divorce can be complicated on its own, but adding children into the mix can complicate things further. When you get a divorce and you and your ex have children together, you will almost always split decision-making responsibilities and parenting time with them if it is left to the courts to decide. The courts will encourage you and your ex to work together to create parenting plans, but in the event you and your spouse cannot work together, Illinois family courts will intervene and it will be left to a judge to determine what is in the best interests of the children. Sometimes, a parent may believe that what is best for their child is for the other parent to play no part in their life. In cases like these, will the court issue an order to restrict parenting time?
Petitioning the Court for Parenting Time Restrictions
In an effort to be fair to all parents, the court begins its determinations from a place of neutrality. The Illinois Marriage and Dissolution of Marriage Act (IMDMA) specifically states that “It is presumed that both parents are fit and the court shall not place any restrictions on parenting time…” If you believe that your ex should have parenting time restrictions, you must be able to prove to the court that spending time with your ex would endanger the physical, mental, moral or emotional health and well being of your children. If you wish to restrict your ex’s parenting time, you must petition the court for the restriction and attend a hearing.
Common Parenting Time Restrictions
During the hearing, you will have to present to the court evidence that supports a parenting time restriction. The court will hear your concerns as to why you want to restrict your ex’s parenting time, but they will not grant the restrictions unless it is actually found that your ex’s actions are in some way damaging to the children. It is rare, albeit not impossible for one parent to have 100 percent of the parenting time. However, it is more common that a court will place a restriction on the type, duration, and supervision of the parenting time that is allotted to the parent in question. Types of restrictions that can be placed on parenting time include:
- Prohibited unsupervised visits
- Prohibiting overnight visits to the non-custodial parent’s home
- Only allowing visits in the custodial parent’s home
- Only allowing visits that take place outside of the non-custodial parent’s home
An Elmhurst, IL Parenting Time Attorney Can Help
It can be difficult to parent children with your ex once you have gotten a divorce, but it is something that usually must be done. If you believe that your children are better off with some types of restrictions on your ex’s parenting time, you should call our skilled DuPage County parenting time lawyers today. At Weiss-Kunz & Oliver, LLC, we can help you petition for a majority of the parenting time and the placement of appropriate restrictions on your ex’s parenting time. Call our office today at 312-605-4041 to schedule a consultation.