Supervised Visitation 101

 Posted on April 25, 2016 in Child Custody

Reasons Supervision May be Ordered

There are several circumstances in which a judge may order supervised parenting time. Sometimes a judge will order supervised parenting time based on the facts of a case. Other times one parent may feel that a child is at risk when in the care of the other parent and will ask the judge for visits to be supervised. Or, there may be certain situations that require supervision or no contact, such as when one parent drops off the child to the other parent. However, the reason is always the same: the best interests of the child.

The Illinois Marriage and Dissolution of Marriage Act lays out the factors that a judge will consider in order to find what is in the best interests of the child. Some factors that are taken into account are the wishes of the child, the mental and physical health of the parties involved, the child’s health, and a history of abuse.

Who Can Supervise?

The courts will typically allow a qualified third party adult to supervise, especially if the parties agree on a supervisor. Visitation supervisors are often family members of the parent who must be supervised. Some parties may choose or be required to employ professional visitation supervisors. If this is the case the court will give you information about accessing these supervisors.

Should I Ask for Supervision?

If you feel that your child is not safe with the other parent, then you may want to request supervised visitation. However judges are reluctant to interfere with parents’ rights to parenting time so it is important that you make sure that you are requesting visitation because it is truly in the best interests of the child and not because of interpersonal conflict between the two parents. If you are considering requesting supervision, please talk to an attorney first to make sure that you understand the likely consequences of the request. This can help you present your case in the best light.

Neutral Exchange

Sometimes a child is safe with either parent, but the parents may not be safe with each other. When exchanging a child for parenting time some parents prefer a supervised location to prevent allegations or attempts of violence. This is especially important in domestic violence situations. DuPage County has a “Neutral Exchange” program of waiting rooms staffed by trained professionals to allow parents a safe place to drop children off to each other.

DuPage County Family Law Attorneys

You may be considering asking the judge for supervised visitation or perhaps the other parent has asked that your visitation be supervised. No matter what side of the case you are in it is important that you talk to an experienced family law attorney to discuss your rights and legal strategies. Our knowledgeable DuPage County family law attorneys at Davi Law Group, LLC can help you every step of the way.

Sources:

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2086&ChapterID=59&SeqStart=8300000&SeqEnd=10000000

https://www.dupageco.org/Community_Services/Family_Center/1618/