Under what circumstances will visitation be prohibited or restricted?
In matters of visitation, the primary concern of the court is the welfare of the child. Courts take the position that the best interest of the child is normally fostered by having a healthy and close relationship with both parents. As a result, Illinois law provides that a parent not granted custody of the child is entitled to reasonable visitation rights unless the court finds, after a hearing, that visitation would endanger seriously the child’s physical, mental, moral or emotional health. Only very extreme circumstances require and allow the trial court to permanently deprive a parent of visitation. In order to restrict visitation rights, the custodial parent must prove that the visitation endangers the welfare of the child.Generally, a parent’s behavior which is not shown to have an adverse effect of the child will not be considered in granting visitation.
In matters of visitation, the primary concern of the court is the welfare of the child. Courts take the position that the best interest of the child is normally fostered by having a healthy and close relationship with both parents. As a result, Illinois law provides that a parent not granted custody of the child is entitled to reasonable visitation rights unless the court finds, after a hearing, that visitation would endanger seriously the child’s physical, mental, moral or emotional health. Only very extreme circumstances require and allow the trial court to permanently deprive a parent of visitation. In order to restrict visitation rights, the custodial parent must prove that the visitation endangers the welfare of the child.
