Chicago, IL Child Visitation

Child visitation orders must accommodate the paramount consideration of assuring the child’s welfare. The Illinois visitation statute provides that “a parent not granted custody of the child is entitled to reasonable visitation rights unless the court finds, after a hearing, that visitation would seriously endanger the child’s physical, mental, moral, or emotional health.” 750 ILCS 5/607.

Visitation can be modified. The statute provides that “the court may modify an order granting or denying visitation rights of a parent whenever modification would serve the best interest of the child. ” 750 ILCS 5/607(c).

Grandparent visitation rights have been controversial, but there are agreements and court orders providing for grandparent visitation rights that are enforceable in court.

Common Questions You May Have

Most questions of visitation have to do with scheduling and the rules or restrictions. The visitation statute does not contain any standard visitation schedule. However, local court rules may contain standard or suggested schedules. The experienced attorneys of Motta & Motta LLC, can help provide a schedule based upon your situation. The court can consider numerous factors in determining visitation rights and scheduling, including the age of the child, the relationship between the parent and child, the distance between the parent and child, the school schedule of the child, and any other factors affecting the best interest of the child.

One of the frequently asked questions involves the difference in visitation schedules depending on whether it is sole or joint custody. The short answer might be that there is no difference. In either case the schedule may be identical. There may be an implication that because the parents have opted for joint custody that the noncustodial parent may have greater responsibility and more parenting time by agreement; however, sole custody can provide for as much visitation as joint custody.

The terms “sole” and “joint” do not provide for more or less “visitation.” “Joint” custody has more to do with a “parenting agreement” which delineates certain responsibilities for each parent. Although “visitation” is commonly referred to in sole or joint custody cases, it is technically correct to refer to “visitation” in sole custody cases and “parenting time” in joint custody cases.

At Motta & Motta LLC, we have suggested schedules and guidelines for many different situations. We can review and discuss holiday schedules, homework, alcohol usage, overnight guests and many other issues that can be considered. We can advise you what is standard, what to do about holidays, what may and may not work, and how to build in flexibility for family events.