Visitation Rights for Non-Custodial Parents

 Posted on April 22, 2015 in Divorce

Illinois divorce attorney, Illinois family lawyer, parental rights, Not every parent is awarded joint custody with his or her former partner. In cases where one parent is awarded sole physical custody of his or her child, the other parent is often awarded visitation rights. Visitation rights are different from custodial rights in a few ways. A parent with physical custody of his or her child lives with the child at least part of the time. A parent with visitation rights spends time with the child, but the child is not a resident in the parent's home. Legal custody is the other part of a custody agreement. Legal custody allows a parent to make decisions for his or her child regarding the child's education, lifestyle, and medical care. A parent may have joint legal custody and sole physical custody, sole physical and legal custody, joint legal and physical custody, or sole legal custody and joint physical custody. The combination of custody forms that a parent has to his or her child is determined by the court according to the child's best interest.

When a parent has visitation rights to his or her child, the court may place restrictions on these rights. Like other decisions regarding a child's custody, these restrictions are in place to keep the child safe. Some examples of restrictions the court may place on a parent's visits with his or her child include:

  • Barring the parent from using alcohol or other drugs while with the child;
  • Requiring that the visits do not occur in the parent's home;
  • Requiring that the visits occur in the custodial parent's home;
  • Barring the child from staying with the parent overnight; or
  • Requiring that a third party supervise the visits.

Can A Grandparent Be Granted Visitation Rights?

In most cases, no. Visitation rights are generally reserved for a child's parents, but in some cases, may be granted to a grandparent or other relative. Usually, this is done in the following cases:

  • If the child's parents are not currently living together;
  • If one of the child's parents is deceased; or
  • If one of the child's parents has been missing for three months or longer.

When a Parent's Visitation Rights are Revoked

A parent can have his or her visitation rights revoked if he or she violates the terms of his or her custody agreement or commits a crime against a child. This can also occur of the parent has a history of abusing his or her child in any way.

Experienced Custody Attorneys in Kane County

Goostree Law Group can help you work out a custody agreement that fits your family's needs. Contact us today to discuss your unique case with one of the experienced Kane County family attorneys at our firm. We proudly serve Illinois parents and families and can provide you with expert legal advice and representation. Do not wait to begin working with us to develop a custody or visitation agreement that benefits you and your child.

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