My Ex is Trying to Restrict My Parenting Time, What Can I Do?

 Posted on June 08, 2022 in Family Law

In Illinois, physical custody of a child is called “parenting time.” When a parent has concerns about a child’s safety with the other parent, he or she may ask the court to impose certain parenting time restrictions. For example, a parent may request that the other parent’s parenting time be supervised by a third party. This is sometimes called “supervised visitation.”

If your child’s other parent or another party is seeking to restrict your parenting time, contact a child custody lawyer for legal advice and support specific to your situation.

When Can the Court Limit a Parent’s Parenting Time?

Illinois law presumes that both parents are capable of providing a safe, loving environment for their children. The court only restricts parenting time if the court finds that unrestricted parenting time would “seriously endanger the child’s physical, mental, moral, or emotional health.”

The court has the authority to impose provisions such as:

• Requiring a parent to complete counseling or substance abuse treatment

• Limiting the amount of time a parent can spend with his or her child

• Prohibiting certain people from being present while the child is visiting

• Requiring that parenting time be supervised

• Forbidding the parent from consuming drugs or alcohol before or during parenting time

• Limiting the parent’s communication with the child

• Eliminating a parent’s parenting time entirely

What Can I Do If I Am Facing Restricted Parenting Time?

The burden of proof is on the person requesting a parenting time restriction. For example, if your ex believes that your parenting time should be reduced or eliminated, it is up to him or her to prove to the court that the restriction is necessary. You may be able to counter his or her arguments with arguments and evidence in support of unrestricted parenting time. If your right to parenting time is being threatened, contact a child custody attorney for help.

Contact a Wheaton Child Custody Lawyer

The court has the authority to restrict, reduce, or eliminate a parent’s parenting time if doing so is necessary to protect the child’s physical, mental, or moral wellbeing. If your ex is trying to get the court to restrict your parenting time, contact our skilled DuPage County family law attorneys for legal help. At Davi Law Group, we know how complicated child custody matters can be. We are equipped to provide the legal guidance and fierce advocacy you need. Call our office today at 630-657-5052 for a free, confidential consultation.

Source:

https://www.ilga.gov/legislation/ilcs/documents/075000050K603.10.htm