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Chicago Visitation Lawyers

What is visitation and how does it work?

When one parent is granted residential custody of the child or children after a divorce, that parent is termed the "custodial parent." The "noncustodial parent" is granted visitation rights or parenting time (the terms are used interchangeably). "Visitation" means in-person time spent between a child and the child's parent.

How often does the "noncustodial parent" get visitation?

Typically, visitation in Chicago is one or two days a week and alternating weekends, holidays, and school vacations. The actual visitation schedule depends on the age of the child, the distance the parents live from one another, and the parents' schedules. In appropriate circumstances, visitation may include electronic communication as per the conditions and times determined by the court. Electronic communication includes the telephone, email, instant messaging, video conferencing, or other wired or wireless Internet-based technologies.

Could my visitation rights be taken away?

The noncustodial parent of the child is entitled to reasonable visitation rights unless the court determines, after a hearing, that visitation would endanger the child, physically, mentally, morally, or emotionally. If this is determined to be the case, your visitation rights could be modified, supervised or taken away. The court may modify an order granting or denying visitation rights of a parent if it serves the best interest of the child.

Can grandparents or siblings get visitation rights?

In short, yes, however it does depend on the circumstances. A grandparent, great-grandparent or sibling may file a petition for visitation and/or electronic communication rights with the court if the custodial parent has unreasonably denied visitation and at least one of the following factors applies:

1. The child's other parent has been missing for at least 3 months or is deceased;
2. A parent of the child is deemed incompetent by law;
3. A parent is in jail or prison during the 3 months preceding the filing of the petition;
4. If at least one parent does not object to the grandparent, great-grandparent, or sibling having visitation, and if their visitation does not diminish the visitation of the parent not related to them; or
5. The child is born out of wedlock, the parents are not living together, and maternity or paternity has been established.

How can I ensure being awarded proper visitation rights?

Visitation rights can become very complicated, especially when one parent does not agree or get along with the other. Both parents want to be equally involved in their child's or children's lives, but equal involvement can mean different things to each parent. That is why it is important to discuss visitation issues with a knowledgeable family law attorney. The Chicago visitation rights attorneys at Nottage and Ward can help you make an informed decision for your child's future. Contact us today at 312-332-2915.

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