Divorce proceedings can get ugly very quickly, especially when children are involved. Rarely do child custody cases go as planned and both parents usually do not get the custody arrangement that they were hoping for. Regardless of the parents’ marital relationship, many couples get used to co-parenting and can find it difficult to have to “take time off” from parenting their kids. Things can become even more complicated if the parenting relationship is contentious.
What Situations Warrant Visitation?
In order for the court to require supervised visits between a parent and their child, a serious situation must have happened between the parent and child or the two parents. The bad blood between divorcing spouses may prompt one or both parents to try and seek full custody or supervised visitation requirements for the child’s other parent. In order for the court to take this request seriously, one of the following situations must be proven:
- Physical, sexual, or emotional abuse has been inflicted upon the child by the parent;
- Physical, sexual, or emotional abuse has been inflicted upon one parent by the other parent;
- A parent struggles with substance abuse;
- A parent has an uncontrollable mental illness that poses harm to the child;
- A parent poses a risk of kidnapping or abducting the child;
- A parent has neglected the child;
- A parent has been absent from the child’s life and wishes to form a relationship with the child; and/or
- There have been dangerous situations involving the family as a result of a parent’s actions.
How Do Supervised Visits Go?
Supervised visitation is exactly what it sounds like - a parent must have another adult party present to act as the supervisor while spending time with their child. This person can be a social worker or family member and the visit can take place at the parent’s home or at a designated facility. These decisions will be made by a judge after weighing the parent’s mental fitness and their circumstances. The controlled setting is meant to help the parent and child maintain a relationship while keeping the child safe.
A judge will decide whether the visits should be temporary or indefinite. If investigations are involved with the parent, the supervision requirement may end after the investigation is complete, dependent upon its end result. There are ways in which a parent can challenge the court order. A parent must show that they have changed for the better. An example of this is the successful completion of rehabilitation or counseling. The parent that wishes to change the arrangement will return to court and request the modification with proof of their changes.
An Elmhurst, IL Child Custody Attorney Can Help
When going through a divorce, especially one that includes children, your attorney is instrumental in keeping a consistent relationship with your child. If you believe that your child’s other parent is unfit to care for your child or you risk losing your ability to see your child freely, it is crucial to have an experienced child custody lawyer on your side. At Weiss-Kunz & Oliver, LLC, our DuPage County child custody attorneys have extensive experience working with all different family situations to ensure that your child is safe. If you need assistance with your child custody arrangements, contact our Elmhurst child custody attorneys at 312-605-4041 for help.