Divorce, often unavoidable, tears families apart. It takes the heaviest toll on the children involved as parents are engrossed in custody battles. During cases pertaining to child custody, the court decides who gains custody of the kids and defines parenting time, also referred to as visitation. Primarily, parenting time refers to the time the children can spend with the non-custodial parent. The courts go to great lengths to ensure that parenting time is in the child’s best interests. Under the law, courts can deny parenting time to a parent due to their abusive and criminal behavior.
What factors can lead to restricted parenting time?
Courts take into consideration the child’s best interests before deciding which parent will gain custody of their child. While recent amendments in Illinois state law have made it quite difficult to restrict parenting time, there are certain conditions under which restricted parenting time might be deemed appropriate. These conditions include the following circumstances:
- If the parent has been convicted of committing a violent crime or child abuse,
- If the parent is struggling with a drug or drinking problem,
- If the parent has anger management issues and/or been convicted of domestic violence,
- If the parent is suffering severe and serious mental health issues,
- If the child is differently abled or has special needs which the parent cannot handle.
All of these conditions which can potentially restrict parenting time are drafted with the best interest of the child in mind. A parent with any of the aforementioned issues cannot spend much time with their child without having a negative effect on him/her. Parenting time can only be allowed by the court if it does not endanger the child physically, emotionally or mentally.
How can you gain equal or reasonable parenting time?
Due to the arbitrary nature of the judicial system, every case relies heavily on the knowledge and experience of your lawyer. Acquiring the services of a proficient child custody lawyer can help you solidify your claim and get equal parenting time. By simply demonstrating that you have a stellar record and any parenting time your child spends with you would not endanger his physical or psychological well-being, you will obtain reasonable parenting time with your child.
For further information or to schedule a free consultation, contact Casement Law Group, P.C. today at (847) 888-9300 to speak with a divorce, family or child custody lawyer on this issue.