When Is Supervised Parenting Time Necessary in an Illinois Divorce?

 Posted on July 21, 2020 in Parenting Time

Two of the most contentious topics in marriage and divorce are finances and children. Tensions often run high when it comes to determining things such as allocating parental responsibilities and parenting time. After all, it is only natural for both parents to want to spend as much time with the child as possible, but after a divorce, it is unlikely that either parent will get as much time with the child as he or she wants. The general consensus is that it is in the child’s best interest to have a relationship with both parents, which is why the default decision for the court is to award parenting time to both parents. However, in some cases, there may be factors present that could cause the courts to restrict parenting time or order supervised visitation.

What Is Supervised Parenting Time?

In most cases, parenting time is restricted because one parent expressed concern about the well-being of his or her child while under the care of the other parent. The court will order supervised parenting time if it finds evidence to prove that spending time alone with the parent would endanger the child’s physical or mental health or impede the child’s emotional well-being. Supervised parenting time means that a third party “supervisor” must be present during all parenting time. This supervisor can be a professional, such as a social worker or a behavioral specialist, or it can be a friend or a family member. Whoever the supervisor is, the court must approve the person chosen in the parenting time order. The order can also include other requirements such as:

• A reduction, elimination, or other adjustments to the parent’s decision-making responsibilities, parenting time, or both

• Supervision from the Department of Children and Family Services

• Having a third party present during exchanges between parents and the child or taking place in a protected setting

• Limiting communication with the other parent and the child

• Requiring a parent to abstain from using or possessing alcohol or non-prescription drugs during or immediately prior to parenting time with the child

• Prohibiting certain people from being present during a parent’s parenting time

• Requiring a parent to post a bond to secure the return of the child after the scheduled parenting time

• Requiring a parent to complete a treatment program for the behavior that was the basis of the parenting time restriction

When Is Supervision Needed?

There are various situations in which supervised parenting time can be utilized to protect the best interests of the child. Common instances include when one parent has a severe mental illness or disease, such as alcoholism or drug addiction. Another common instance is in situations where domestic violence has been present before. Other reasons that might warrant supervised visitation include:

• Fear of parental abduction

• Prior inappropriate sexual behavior or criminal sexual charges

• Previous emotional abuse to the child

• Fear of the child’s environment during the other parent’s parenting time

Contact a Geneva Divorce Attorney

Supervised parenting is a form of restricting the parental rights of a person, which is why it is only done if it is believed to be in the child’s best interest. At the Law Office of Matthew M. Williams, P.C, we understand the importance of protecting your child, but we also know that it is critical to preserve the parent-child relationship and bond. Our knowledgeable Kane County parenting time lawyer is here to ensure your rights are balanced with your child’s well-being. To schedule a consultation, call our office today at 630-409-8184.

Sources:

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

https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=075000050K603.10