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When Your Parenting Time Has Been Restricted

Posted on in Child Custody

Naperville child custody lawyerThere is little question about the difficulty of parenting after a divorce, separation, or break-up. If you have been given significantly less parenting time than your child’s other parent, maintaining a meaningful relationship with your child can be even more challenging. But, what happens if the other parent convinces the court to restrict or limit your parenting time even further? An experienced family law attorney can help you understand what options you may have and work with you in taking the steps to restore your parental rights.

Grounds for the Restriction of Parenting Time

The governing principle of Illinois family law regarding children and parenting responsibilities is always to serve the child’s best interests. In doing so, the court begins with the presumption that active participation by both parents is best for the child, and, therefore, will allocate parenting time to each parent based on the family’s circumstances. Your parenting time cannot be restricted unless the other parent can show, by a preponderance of the evidence, that your behavior or lifestyle seriously endangers your child. These dangers can be to child’s mental, moral, or physical health, as well as to his or her emotional development.

Types of Restrictions

In the most extreme situations, your right to parenting time may be suspended completely, but the court will usually try to avoid taking such measures. Instead, your time with your child may be reduced or limited to certain physical locations. Additionally, the court could determine that you may only exercise your parenting time under supervision by the other parent or a third party. Other restrictions may include keeping certain people away from your child, required abstinence from drugs or alcohol immediately prior to and during your parenting time, and any other limitations the court finds to be appropriate.

Getting Restrictions Lifted

The only way to have your full rights to parenting time restored is by complying with the restrictions and rectifying the behavior that presents a danger to your child. You may need to attend remedial programs, such as anger management or substance abuse rehabilitation, to help resolve the existing issues. Overall, however, you will need to convince the court that you are now capable of offering your child a healthy, nurturing environment in which he or she will be safe and secure.

Do Not Go Through It Alone

If your parenting time has been restricted, an experienced DuPage County family law attorney can help you in taking the steps necessary to restore your rights. Contact Pesce Law Group, P.C. to schedule a free, no-obligation consultation today. We will work with you in building a new future for both you and your child.


Source:

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt%2E+VI&ActID=2086&ChapterID=0&SeqStart=8350000&SeqEnd=10200000

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