Reasons for Limiting Parenting Time

 Posted on September 20,2016 in Visitation

As a parent, there is nothing more important to you than the safety and well-being of your child. If you share parenting responsibilities or even just parenting time with your former partner, you can only hope that he or she shares your focus on your child’s best interests. But, what if he or she does not? What if he or she is not able to separate his or her own wants and needs from those of your child? Can you do anything about it? The answer—as with most aspects of divorce and family law—is that it depends on the specifics of your situation and whether your child is in serious danger.

Be Objective

Illinois law provides a court with the authority to limit a parent’s time with his or her child if such parenting time presents a serious danger to the child’s physical, emotional, mental, or moral health. What constitutes a serious danger is left to the interpretation of the court. You, as a parent, are very close to the situation, and you may find it difficult to determine what is a serious danger and what is simply parenting in a different manner than yours.

For example, if your child comes back from the other parent’s house complaining that he or she was not allowed to watch a favorite television show and that he or she was bored with the books and toys there, such a situation does not seem to indicate serious danger. Your child might be unhappy, but children are often unhappy with a parent’s decisions. On the other hand, if your child comes back with stories of drugs and alcohol abuse in his or her presence, you may need to take action.

Do Not Make Changes on Your Own

Even if you think limiting parenting time is warranted, it is very important that you leave the ultimate decision to the court. If you legitimately believe that your child is in immediate danger, you may take steps to keep him or her safe, but you should notify the court of your actions as soon as possible. Taking action without notifying the court can lead to allegations that you unduly denied the other parent access to the child, a claim that could affect your own parenting time.

When you go to the court to request limiting the other parent’s time with the child, you must be prepared to provide any evidence that you can find. Simply claiming you do not like what is happening will not be sufficient. The relationship between a parent and child is protected by the state, which is why limiting parenting time is such serious matter.

Contact an Attorney

If you believe that your child is in danger when he or she visits with the other parent, contact an experienced Lombard family lawyer for assistance. We will listen carefully to you and help you build a case that protects your child and his or her best interests. Call A. Traub & Associates for a confidential consultation today.

Source:

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt%2E+VI&ActID=2086&ChapterID=0&SeqStart=8350000&SeqEnd=10200000