Supervised Visitation

Under Illinois law, child visitation falls under the category of custody.  The court believes that it is in the child’s best interest to have a close, healthy relationship with both parents, and Illinois law views visitation as more than a privilege, but as a legal right of the noncustodial parent.  However, the court can decide to limit or restrict visitation, but only when serious endangerment to the child has been shown.

When the court finds that the visiting parent poses a serious risk to the child’s well-being, visitation can be restricted and/or denied.  In some cases, the visiting parent can be granted limited visitation under controlled supervision clarified by the courts ruling.

In the event the custodial parent petitions the court for a visitation modification, the court will need to see proof that a change to visitation is in the child’s best interest.  In some cases, the court and/or a parent may request an evaluation to determine whether visitation should be limited, restricted, supervised or denied.  As in other some court ordered evaluations, the scope of the evaluation can be stated and/or defined by the court; including, but not limited to the date, time and evaluator.

In cases in which abuse or other dangerous behavior has been shown, the court can order that visitation only occur under direct supervision.  See e.g., In re Marriage of Oertel, 216 ILL.App.3d 806, 159 ILL.Dec. 576 N.E.2d 435 (2d Dist.1991) (affirming supervised visitation for alcoholic father).

See Also:

Family Visitation 

Reasonable Visitation too Vague For Most Judges

Under The Influence and Visitation Don’t Mix

Stepparents Rights of Visitation