Restricted, Suspended, and Supervised Parenting Time in Illinois
If the health, safety, or well-being of a child is in question, the court may opt to either suspend or restrict the parenting time of a parent. Alternatively, the court may order supervised visitations. In either case, it is the concerned parent who carries the burden of proof. Sadly, far too many parents are not prepared and their children continue to face danger for longer than necessary. Learn more about how to protect your child with help from the following information and an experienced attorney.
Burden of Proof
Parenting time in Illinois is protected, not for the sake of the parent, but for the sake of the child. In short, it indicates that a child has the right to emotional and financial support from each parent. So, under the eyes of the law, the restriction, suspension, or order of supervised parenting time is a limitation of the child’s rights. It is from this angle that parents can understand why a preponderance of evidence is needed to limit or restrict parenting time.
A Preponderance of Evidence
Essentially, a preponderance of evidence means that time spent with the other parent “more likely than not” places the child’s mental, emotional, physical, or moral well-being at risk. Significant impairment in the development of the child may also be considered evidence against a potentially negligent or abusive parent. Unfortunately, it is not easy to reach the amount of evidence often needed in these types of cases. Doing so may require you to document instances of concern or secure testimony from others who may have witnessed your child being placed in danger by the other parent.
Understanding the Risks
Abusive partners can be vengeful, and often they will use the very child you are trying to protect against you. For example, an abusive parent might claim you are infringing upon his or her parental rights, or he or she may accuse you of parental alienation. Either situation could result in consequences for you—the very same parent who is trying to protect the child.
If a judge determines that you have somehow interfered with the relationship or parenting time of your child’s other parent, you could be forced to participate in supervised parenting time. Alternatively, your own parenting time may be suspended or revoked. This risk is the reason why abuse victims are encouraged to seek legal assistance and support with their case.
Source:
http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=075000050K602.7
