Child Visitation Law in Illinois

 Posted on September 03, 2014 in Child Support

When the parents of a child are no longer a couple or when their relationship fails, they often have a difficult time reaching an agreement when it comes to custody of any children they have together. Of course, many factors can contribute to the breakdown of a family unit, whether marriage was involved or not. When a couple no longer has romantic feelings in common, but still have a child in common, conflicting opinions may cause issues to quickly arise. When these parents cannot come to an agreement about child custody, the law in Illinois steps in to set a schedule for child visitation.

Visitation Rights

Absent extreme circumstances where a parent may have his or her rights terminated by a judge, every parent has reasonable rights of visitation with regards to their children. If a parent is being denied visitation with their children, he or she has the right to take the matter to court in Illinois and have the case heard before a judge. It is important to note that other family members, including grandparents, do not have the same rights to visitation according to Illinois law, although they, too, may be granted visitation by a judge under certain circumstances.

There is no set visitation schedule prescribed by law in the state of Illinois. Rather, a judge making a visitation schedule determination will look at the facts and circumstances of each particular case and make a decision that addresses the needs and issues brought up by each family. It is a subjective approach that is meant to accommodate the best interest of the child standard that is prevalent in other areas of family law relevant to children.

Limits of the Law

While courts may strive to achieve an equal parenting time custody split in many cases, it does not always happen. In situations such as these, a non-custodial parent may also be ordered to pay child support to the custodial parent. While custody and support matters may have been addressed within the context of the same court case, it is imperative to point out that one does not depend upon another. In other words, a custodial parent cannot deny visitation to a noncustodial parent for failure to pay child support. It is a separate matter that must be addressed with the court when appropriate.

Likewise, while parents may have visitation rights with their children, the law does not operate in the converse; children do not have a legal entitlement to visitation with their parent. So, if a non-custodial parent chooses not to enjoy visitation with their children, the children do not have any recourse by law in compelling the visit.

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