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Determining visitation rights in Illinois

Determining visitation rights in Illinois

One of the most common issues that comes up in a divorce proceeding is who gets custody of minor children. There are many different ways that the court can rule when it comes to deciding the rights of each parent and determining visitation rights in Illinois. The court could decide to grant sole custody to one parent, joint custody, or sole custody to one parent with visitation rights to the other parent. How does the court proceed with determining visitation rights in Illinois?

A judge will look to see if granting visitation rights will endanger the child in a physical, emotional or moral way. A parent seeking visitation rights will also need to show that his or her home or apartment is suitable for hosting a child. If not, an alternate location for visitation may need to be found. It may be determined that visitation will occur through electronic means such as through instant messaging, videoconferencing or through email.

According to Illinois law, grandparents, siblings and other family members may be able to petition for visitation of a minor child over the age of one. If a parent makes an unreasonable attempt to keep other family members away from the child, a judge may order in person or electronic visitation rights for those family members.

In a case where custody or visitation rights to a child are in dispute, a judge will generally making a ruling that upholds the best interests of the child. This means that a judge will order that the child spend as much time with both parents if they can prove that they can provide a suitable environment for the child even if one parent objects to that ruling. For those in a child custody dispute, it may be worthwhile to contact a family law attorney for assistance.

Source: Illinois Compiled Statutes, "Sec. 607. Visitation. ", July 23, 2014


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