Child visitation rights are an important aspect of any child custody determination, and they often become an issue during divorce. If you are a parent who shares joint custody of a child but you are the non-residential parent, it is important to know that you have visitation rights. Likewise, if you are a non-custodial parent and your ex-spouse has sole custody, you still have visitation rights. In short, visitation refers to the in-person time that you, as the parent, spend with your child.
In our state, visitation is governed by a section of the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5/607). In general, Illinois courts favor visitation rights unless visitation would “endanger seriously the child’s physical, mental, moral, or emotional health.”
When you have questions or concerns about visitation, it is extremely important to discuss your case with an experienced child custody attorney. At OSH Law, we understand that visitation rights are important to parents, and we work with each client individually to strive for the best possible outcome in every case.
Under Illinois law, courts must protect a parent’s visitation rights. Indeed, only in certain circumstances may the court deny visitation. What goes into creating a visitation schedule? Unlike child support cases, Illinois does not have particular set of guidelines when determining an appropriate visitation schedule. In general, parties will work to agree on a visitation schedule on their own. If the child’s parents cannot agree to visitation terms, then the court will use the “best interest of the child” standard to determine a visitation schedule.
When you work with OSH Law, you will have a dedicated advocate on your side with particular experiences in many different facets of family law. To be sure, attorney Otto S.Hurtado chose family law as the practice area to which he wanted to dedicate himself, and he approaches each case with a deep sense of professionalism and responsibility to his clients. Mr. Hurtado always deals with clients directly, and his Guardian ad litem (GAL) experience allows him to bring helpful perspectives to child custody and child visitation cases.
Parents who are facing a child visitation case should ensure that they have an experienced child visitation lawyer who can advocate for their rights. It is important to remember that, under Illinois law, a custodial or residential parent does not have the right to withhold visitation for certain reasons, including but not limited to:
Do you have questions about your rights as a non-custodial or non-residential parent? Are you currently working to develop a visitation schedule with your ex-spouse but have concerns? No matter the type of child visitation matter, an attorney at OSH Law can assist with your case. Contact the family law attorneys at OSH Law today at 331-248-8190 for an evaluation of your case. We serve clients in Geneva, St. Charles, Elburn, Batavia, Aurora, and Elgin.