Navigating the complexities of co-parenting after a split, especially when safety concerns arise, can be challenging. For parents in Illinois who believe unsupervised visitation poses a risk to their child, seeking a court order for supervised visitation may be a necessary step. Please continue reading as we guide you through the essential steps and legal considerations for seeking supervised visitation for your spouse in an Illinois family court setting. Contact an experienced Peoria County Child Custody Lawyer for guidance.
What is Supervised Visitation?
Supervised parenting time in Illinois requires that a third party be present for the entire duration of the visit between the child and the other parent. This supervisor can be:
- A professional from a supervised visitation center
- A neutral family member or friend who has been approved by the court
- In certain situations, a therapist
The purpose of supervision is not to be punitive toward the parent, but rather to strike a balance between ensuring the child’s safety and allowing the child to maintain a relationship with both parents. Supervised visitation is typically intended to be temporary, with the exception that the issue necessitating supervision will be resolved over time.
When Are Supervised Visits Ordered in Illinois?
Illinois judges can restrict or supervise parenting time if they find that the child’s immediate safety or welfare is in danger. Concerns that may justify supervision include:
- Physical abuse or neglect
- Domestic violence
- Substance abuse
- Serious, untreated mental health issues
- Threats of parental abduction
It is important to note that the court will generally not restrict parenting time based on issues like general conflict between the parents, differing parenting philosophies, or simply one parent disliking the other. These matters are typically not enough to meet the threshold of serious risk required for court intervention.
What Should I Do If I Need Assistance?
Under Illinois law, a court may restrict parenting time, including ordering supervision, if it finds that the exercise of parenting time would seriously endanger a child’s physical, emotional, or mental health. To secure supervised visitation, you must file a formal request with the family court, detailing the specific reasons for supervision.
A judge will examine the unique circumstances of the case and determine whether supervision is necessary, focusing on the child’s best interests. You will need to demonstrate sufficient evidence that the child faces a genuine risk without supervision. It is crucial to document specific incidents to show the endangerment.
If you are contemplating this action, the most prudent step is to consult with an attorney at Butler, Giraudo, & Meister, P.C. They are equipped to handle your case, clarify the criteria Illinois courts prioritize, and assist you in safeguarding your child’s best interests.
