Experienced Central Illinois Child-Parent Visitation Attorneys
Parental visitation with their children is one of the most important and widely contested issues in divorce and paternity cases. Visitation is essentially time spent between a child and their parent (usually the noncustodial parent); it may be in-person time or, may include electronic communication between parent and child.
A parent that is not granted custody of their child during divorce or paternity custody litigation may still pursue and obtain visitation with their child. Child visitation arrangements can be made by agreement of the parents, or, decided by the courts if visitation is contested.
Contested Visitation Cases
In paternity cases, where children are not born out of a marriage (out of wedlock), the courts must conduct a hearing to determine whether it is in the best interests of the child to allow the natural father exercise any rights with respect to the child, and if so, to what extent. Both parents may introduce evidence at this hearing in support of or opposition to a natural father being granted parental rights to his biological child. The best interests of a child for visitation purposes are determined by the same factors used by the courts to award custody.
Visitation in divorce cases, where the children are born of a marriage, is governed by the Illinois Marriage and Dissolution of Marriage Act (Act). The Act presumes that it is in the best interest of a child to have reasonable visitation with their noncustodial parent after a marriage has been dissolved, unless the custodial parent establishes that the visitation would seriously endanger the child, as described below.
Restriction of Parent Visitation
A parent’s right to visitation can be limited or eliminated if the court finds that visitation with the non-custodial parent would seriously endanger the child’s emotional, physical, moral or mental health.
The attorneys at Koepke & Hiltabrand are ready to help you protect the best interests of your child and ready to help protect your interests regarding child visitation.