Illinois courts are committed to protecting the mental, physical and emotional well-being of children involved in custody disputes. In some cases, this commitment includes placing restrictions on a parent’s rights if the parent is found to pose a serious risk to the child. These measures are not taken lightly and only occur after a formal hearing and sufficient evidence.
Parental responsibilities refer to decision-making authority and parenting time. When a court determines that a parent’s behavior places a child in danger, it may restrict one or both of these responsibilities to help safeguard the child’s welfare.
Ways parental responsibilities may be restricted in Illinois
Under Illinois law, a court may impose various restrictions on parenting rights if it finds that a parent has engaged in conduct that seriously endangers a child or interferes with their emotional development. These restrictions are designed to minimize harm and support a safer environment.
- Limiting decision-making or parenting time: A parent may lose the ability to make major decisions or have their parenting time reduced or eliminated based on the severity of the conduct.
- Requiring supervised parenting time: A parent may be ordered to spend time with the child only under supervision, sometimes by the Department of Children and Family Services or another third party.
- Mandating neutral locations for child exchanges: To reduce conflict, exchanges may be required to take place through an intermediary or at a safe location.
- Restricting communication or proximity: The court may order a parent to stay away from the child or the other parent or limit their contact.
- Imposing substance use restrictions: If substance use is a concern, a parent may be ordered not to use drugs or alcohol before or during parenting time.
- Limiting who can be present during visits: The court may restrict certain individuals from being around the child during parenting time.
- Ordering participation in treatment programs: A parent may be required to complete treatment for abuse, addiction or related behavior.
Courts may implement any other restrictions deemed appropriate to protect the child’s safety and well-being. Obtaining legal guidance can be helpful for understanding how these restrictions may apply in your situation or how to respond if one is proposed.