Why A Judge May Limit or Restrict Parenting Time

 Posted on January 30, 2024 in Family Law

Parenting time is one issue that a judge will oversee and make a decision on in the case of divorcing parents. There are many factors a judge will take into consideration when making a final decision. In all final decisions, it is a child’s best interest that determines the allocation of parenting time for both parents. Depending on the circumstances, a judge can choose to limit, restrict, or negate parent time for one or both parents. To get a better idea of all the things a court will look at concerning your children in a parenting time dispute, speak with an experienced divorce and family law attorney.

The Modification of Parenting Time

The Illinois court can choose to modify an existing parenting time agreement at their discretion but will normally only do so at a parent’s request and only if it is in a child’s best interest. The typical requirement for a parenting time modification following the original parenting plan in a divorce or separation agreement is a significant change in circumstances.

When a parent feels a change in parenting time is in the best interest of their child, it is up to them to prove their reasoning in court. However, if a judge does not feel there has been a substantial enough change from the last order, it is unlikely they will grant the modification.

A lawyer can help complete any necessary legal forms, draft a motion to modify, and attend the hearing for any modifications you might seek.

Reasons For Parenting Time Restrictions, Limitations, or Supervised Visits

If a judge believes that a child’s current environment and circumstances may endanger their physical, mental, or emotional well-being, or development, then they may consider supervised parenting time. Again, the change must be in a child’s best interest for a judge to modify the order.

Other reasons a judge may choose to restrict parenting time include:

• A parent has been abusive to the child

• A parent has received a domestic violence conviction

• A parent is mentally unstable

• A parent has a drug or alcohol problem that could endanger the child

• A parent cannot meet a child’s requirements

In some circumstances, a parent may need to meet additional requirements while undergoing supervised parenting time. A parent with a drug or alcohol abuse problem may require treatment to have the supervision dropped. Depending on how extreme the problems are surrounding a parent’s parenting time schedule with their child, a judge could deem it necessary to revoke that parent’s parenting time altogether.

Contact a Kane County, IL Family Law Attorney

In the case of a child’s well-being, parental rights should also be considered parenting privileges as they can be taken away in extreme circumstances. An experienced Geneva, IL parenting time lawyer can help you modify your parenting time agreement if it is in the best interest of your child.

At Serrano Hanson, we understand that every parent should get a chance to spend time with their children. But we also understand that every family has their own unique situation that needs to be handled delicately. For help or advice regarding parenting time, give our office a call at 630-844-8781 today.