Can a parent without decision-making rights get parenting time?
There are numerous factors that go into settling child custody issues in Illinois. In some instances, a parent might not be allowed to have the right to make decisions on the child’s behalf, but that does not mean that he or she will be excluded from having time with the child. If a parent is confronted with denied parenting time due to a lack of decision-making ability, it is important to have legal advice to deal with the situation.
When a parent who has had his or her parentage established under state laws but has not been given significant responsibility to make decisions on behalf of the child, the parent will have visitation rights with the child unless the court determines that the child would be placed in danger in a mental, moral or physical way, or of the child’s emotional development would be hindered by this visitation. The child’s best interests will always be considered when determining if visitation should be permitted.
The court has the right to issue a modification that grants or denies a parent from having visitation. The time spent with the child itself can also be restricted or modified if warranted. If a parent who has been given the decision-making responsibilities has not been identified, then there must be a reasonable alternative for visitation with a parent who does not have parental responsibilities allocated to him or her. Included is the time spent with a minor child at another person’s residence or at a public or private facility.
Situations with child custody and visitation rights can be difficult to navigate, and it can spark a wide range of emotions. This is especially true if a parent who does not have decision-making responsibilities for the child would still like to spend time with the child. This is allowable under the law, but is likely to be contested. Discussing the case with a legal professional who has a full understanding of the legal issues related to parenting time can help to handle the situation in hopes of reaching a fair resolution
Source: Illinois General Assembly, “Sec. 602.8. Parenting time by parents not allocated significant decision-making responsibilities,” accessed on June 6, 2016