Wheaton Parenting Time Restrictions Lawyer
Reasons for Restriction of Parenting Time in DuPage County and Surrouding Areas
At Goostree Law Group, we work hard to protect the rights of divorced, unmarried, and separated parents as they look to maintain healthy relationships with their children. With more than 80 years of combined family law experience, our lawyers understand that children generally fare best when both parents are actively involved in their lives. We also realize, however, that there are times when an individual's parenting time must be restricted in the interests of protecting the child. Whether you are concerned for your child's safety or you have been accused of endangering your child, we can provide the skilled guidance and responsible representation you need.
The Right to Reasonable Parenting Time in Illinois
The Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5) states that the legal parent of a child "is entitled to reasonable parenting time with the child," regardless of how other parental responsibilities are divided between the parents. Sometimes called visitation, parenting time is a necessary component of the relationship between the parent and his or her child. As a result, an Illinois court will almost always work to protect a biological or legal parent's ability to spend time with the child.
The right to reasonable parenting time, however, does not take precedence over the safety and well-being of the child. If the court determines that a parent's exercise of parenting time would place the child in serious danger, the parenting time may be restricted.
It is important to remember that parenting time will only be limited if there is a finding of serious endangerment to the child. It is not enough to request a parenting time restriction on the basis of your rocky relationship with the other parent. Examples of behaviors that could present a serious danger to the child include:
- The use of illegal drugs
- Excessive drinking or alcohol abuse
- Driving under the influence
- Physical or emotional abuse
- Sexual abuse
- Criminal activity
A parent's parenting time could also be restricted if he or she regularly brings the child around other individuals who are deemed to present a danger.
Types of Restrictions
The restrictions placed by the court will depend on the nature of the danger to the child. For example, the court could start by ordering the offending parent to abstain from alcohol and drugs prior to and during his or her parenting time. The court could also forbid the parent from bringing the child around other dangerous people. If these kinds of restrictions do not work, the court may order that all parenting time must take place under the supervision of the other parent or an approved third party. In the most extreme cases, the offending parent's right to parenting time could be terminated completely.
Helping Parents in Wheaton, Lisle, and Aurora
At Goostree Law Group, we are committed to helping parents protect their children. Unfortunately, we also know that, sometimes, a parent involved in a bitter dispute will try to limit the other parent's parenting time out of spite instead of actual danger. If you have been falsely accused of endangering your child, we can help you protect your right to time with your child.
Call 630-364-4046 for Help
To learn more about our firm and how we can help you with your parenting time concerns, contact our office. Call 630-364-4046 for a free, no-obligation consultation with a member of our team today. Goostree Law Group represents mothers and fathers in Wheaton, Lisle, Aurora, Warrenville, Woodridge, Downers Grove, and DuPage County.