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Unfit Parent Claim Can Restrict VisitsIllinois law presumes that both parties in a divorce are fit parents, allowing them an equal right to the allocation of parental responsibilities. The parenting time and decision making may not be evenly split between the parents, but the divorce settlement will give reasonable responsibilities to each side. However, a court can limit or deny a parent’s responsibilities if it determines the parent is a threat to the child. Unfit parents may be required to use supervised visits in order to see their children.

Determining Unfitness

A parent can claim that the other parent is unfit during or after the divorce. Because of the presumption of fitness, a parent who believes his or her former spouse is a danger to their children must provide evidence to support the claim. A court needs documentation or reliable testimony that a parent may harm a child’s physical or mental health, such as:

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