How a Parent Receives Restricted or Supervised Parenting Time

 Posted on December 07, 2023 in Parenting Time (Visitation)

The critical factor in an Illinois court's decision on allocating parental responsibilities, including parenting time, is the child's best interest. A parent who creates an environment that negatively affects a child's mental, physical, emotional, or moral well-being may incur limitations to their access to the child following a divorce. A child custody and divorce attorney can provide additional information regarding decision-making, parenting time, and other factors that allocate parental responsibilities.

What is Parenting Time?

Formerly physical custody, parenting time outlines how much time a parent can spend with their child. Usually, it will involve a rigid schedule set forth by either the parents themselves or the court. Parenting time is excellent for maintaining and cultivating the parent-child bond post-divorce.

Proof is a Requirement

The burden of proof falls heavily on the accuser's shoulders for why the other parent should not have standard access to their child. Parenting time is not meant to protect the parent's rights but that of the child, providing emotional and financial support from both parents. Restricting parenting time can be seen as a limitation of a child's rights, even more so than the parent. Supervised parenting time can create a feeling of unease and fracture the relationship-building time allotted to the parent and child. Because of this, a preponderance of evidence is necessary before a court limits or restricts parenting time.

Ample Evidence

It must be shown that one parent's time spent with their child would significantly affect the child's well-being more often than not. A court may consider significant developmental impairment of a child to be evidence of a negligent or abusive parent. This is often difficult to prove without consistent documentation and significant testimony to dangers witnessed being inflicted on the child. Because a preponderance of evidence is so difficult to produce, a court will often settle on supervised visitation before revoking a parent's right to visitation with their child. It may typically be accompanied by court-ordered treatment depending on the circumstances surrounding the need for supervised visitation.

Beware of a Vengeful Partner

The abuser can quickly turn the tide on the accuser through claims of parental alienation. Parental alienation is a direct infringement on a parent's rights to their child. If a judge determines there was interference between the alleged abusive parent and the child, it could spell complications for the parent fighting to protect their child. The protective parent could see their rights suspended or have enforced supervised parenting time. If you feel that the abusive parent may attempt to use your child against you in court, you must reach out to experienced legal representation for support and assistance immediately.

Contact a DuPage County, IL Child Custody Attorney

Do not allow an abusive parent to have access to your children unsupervised. Act quickly to protect your children by hiring an experienced Naperville, IL divorce and child custody lawyer for support. Calabrese Associates, P.C. can provide the assistance you need to fight for your children's safety. Contact our office at 630-393-3111 for more information.