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Child custody and visitation decisions are always difficult for parents. It is even more difficult for parents when a court believes that supervised visitation is necessary. If a court has ordered supervised visitation for you and your child, it is important to understand the purpose of supervised visitation and what to expect during a visit.
Why Do Courts Order Supervised Visitation?
Illinois law allows a court to order supervised visitation if the court believes unsupervised contact with a parent would endanger a child's physical or mental health. Courts order supervised visitation for a number of reasons that include:
Once a couple separates, it is very likely that one spouse will want to move. The move may be for a career advancement, to start a new life with a new spouse, or to simply start over in a new place. Regardless of the reason for the move, relocating is not as simple as packing a few boxes and calling movers when children are involved. Even if child custody and divorce are finalized, custodial and non-custodial parents will want take a few steps before relocating with their child.
Review Your Divorce or Custody Order for Directions
Before finalizing your decision to relocate, review your parenting plan, divorce or child custody decrees. If your divorce is not finalized, then you will want to look at any temporary orders you received from the court. These documents may contain provisions and conditions regarding relocation that prohibit you from relocating without an order from the court or require you to give notice to your former spouse before relocating.
Human relationships are complex. Unfortunately, these same relationships can become abusive. Abuse can become more intense if a couple decides to divorce or separate. When this happens, it can be difficult to know what to do in order to protect you and your family. This is particularly true when children are the victims of the abuse. The Illinois Domestic Violence Act (IDVA) specifically forbids a family member or members of the same household from abusing others in their home.
The IDVA defines abuse as:
You Can Take Action
If a spouse or any other member of your household is abusing your children, then you may be able to file criminal charges at your local police station. If you are hesitant about filing criminal charges but want to protect your family, you may ask a court for an Order of Protection. An Order of Protection is a court order that legally prohibits your spouse, significant other, or other abusive family members from further abusing your family.
When a couple separates, they may have a difficult time agreeing on child custody. When this happens the court has a number of ways of getting the information they need to decide child custody.
Many people are familiar with the guardian ad litem (GAL); however, under Illinois law, a court may appoint an attorney for the child or may use a child representative to assist in a child custody dispute. These are different than GALs and it is important to understand their roles in deciding custody matters.
Guardian Ad Litem: A guardian ad litem is an attorney the court appoints to represent the best interests of the child. The GAL will meet with the child, visit his or her home or school, review evidence, and make sure they are familiar with the facts of the case so that they will be able to advise the court on the child’s best interests. The GAL’s central goal is understanding and advancing the best interests of the child.
When a child is born and the parents are not married, it is important for both parents to establish paternity. By establishing paternity, a child’s biological father is recognized as the legal father, with the rights and responsibility the law provides.
Under Illinois law, there are several ways to establish paternity. Unfortunately, the system may be manipulated to force a man, other than the biological father, to assume responsibility for a child.
How to Establish Paternity
Illinois allows parents to establish paternity in four different ways:
Moving to a new city or state for a new job, or just to be closer to family is a decision many people make without a second thought. However, if you have a custody order, then you may not be able to simply pick up and move. You may first have to get the permission of the court.
Order of Removal
Under the law, prior to January 1, 2016, a parent with primary custody of a child could not move out of state without first getting an order of removal from the court authorizing the move. A parent could, however, move anywhere in Illinois without court approval.
One of the family law changes that goes into effect January 1, 2016 changes this rule. The new rule looks at the distance involved in the move instead of just considering moving across state lines.
If the child lives in Cook, DuPage, Kane, Lake, McHenry, or Will counties, then the parent can move anywhere within 25 miles without the permission of the court. If the parent wants to move outside of Illinois, so long as the new residence is within 25 miles of the old residence, then no court permission is needed. In the other counties a parent could move with a child up to 50 miles away without seeking an order of removal.
Child custody and visitation are some of the most difficult issues to resolve in a divorce or separation. Sometimes a court enlists in the help of a Guardian Ad Litem (GAL) to provide unbiased information and opinion to help resolve the dispute. If a court appoints a GAL, then both parents must understand the GAL’s role and how they may impact their child custody case.
What is a Guardian Ad Litem?
Using Illinois law, a court may appoint a GAL to assist in child custody disputes. When a GAL is appointed to investigate a child custody dispute, they are looking to ensure the best interests of the child. The GAL will speak with people involved in the child’s life. This includes parents, grandparents, siblings, aunts/uncles, and even the child’s teachers and doctors. Most importantly the GAL will talk with the child.
Divorce is one of the most turbulent times anyone may experience. It can drain a person both emotionally and financially. As unpleasant as divorce can be, there are many factors that further complicate the decision to initiate a divorce. These factors include fear about splitting assets, child custody disputes, and determining alimony payments. Factoring in a spouse with a substance abuse problem can make the decision to divorce more difficult than usual.
Factors to Consider
When considering whether or not to divorce a spouse with a substance abuse problem, many emotions may begin to surge. Many spouses feel guilty and feel that they are abandoning their partner. However, there are several factors you will want to consider when making a decision about your marriage and how to deal with your spouse’s addiction. These factors include:
A child’s feelings and attitudes towards their parents change over time. These changes can be influenced by changes at school in a child's social groups and by his or her experiences surrounding the divorce of a child's parents. In some cases, certain changes can support a custody or visitation modification. To be sure, mistreatment by a parent or stepparent can support a change in custody. The same can be said for illegal activities or activities that endanger the child, like drug or alcohol abuse.
However, what if the child simply does not like to spend time with one parent? In this case, can the child choose to simply live with or spend more time with the other?
What if We Just Do Not Get Along?
The parent-child relationship is not always perfect, and often, especially during adolescent years, the child may simply not like his or her parents. Or, the child may get along well with one but not the other. This raises one question: how much can your child’s preference factor into visitation and custody decisions? In reality, your child’s preferences are important but do not ultimately determine child custody and visitation.
Deciding child custody and visitation can be complex for divorcing parents. This is particularly true if you did not choose your custody and visitation arrangement or would like a change in custody. Whether you have agreed to your child custody arrangements or a court ordered it, it is still important to understand the basics of custody and visitation according to state law.
Parents Have a Right to Reasonable Visitation
Under Illinois law as it currently stands, non-custodial parents are entitled to reasonable visitation. Generally, courts prefer that children have some contact with both parents and do not prefer to restrict visitation rights. In most cases, courts only restrict a parent’s visitation if they believe that a parent will pose a danger to the child. This does not mean that visitation is unlimited or without structure. Visitation must be reasonable for both parents.
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