Yes. Illinois law is gender-neutral. Fathers have the same rights as mothers to seek parenting time. Courts focus on the child’s best interests and typically encourage maximum involvement and cooperation from both parents, regardless of gender.
If you are divorced, and the non-custodial parent of a child, you may be concerned about the amount of time you get to spend with your child. If you and your child have a healthy relationship and some person or circumstance prohibits regular visitation time, you should consider calling a family law attorney. Custody and visitation matters are complex. An experienced lawyer can explain your rights and help you understand your options for spending time with your child.
Our firm, Heckman Law, was specifically founded to serve clients in divorce and child visitation cases. We welcome your contact about this issue. You have the legal right to see your children, and that right should be protected.
Your child’s age is considered when the court determines how reasonable your parenting time or visitation requests may be. The circumstances of your visits are also considered. However, according to the Illinois Marriage and Dissolution of Marriage Act, child visitation may only be severely restricted if it would endanger the child’s physical, mental, moral, or emotional health.
Once the court allows visits with your child in the divorce decree, denial or interference with the visits cannot legally occur. In some cases, your spouse, the child’s stepparent, or other parties might attempt to interfere with your visits. In such cases, you have the right to complain to the police. After two citations, the people who are obstructing your visits can be charged with a misdemeanor.
You have rights with regard to having your child removed from the state of Illinois if removal would interfere with your parental visitation rights. In addition, you may request a change, or modification, to your divorce decree if you would like to set up different circumstances for child visitation.
We invite you to contact us regarding your child visitation concerns. We can work to help you protect your relationship with your child.
Yes. Illinois law is gender-neutral. Fathers have the same rights as mothers to seek parenting time. Courts focus on the child’s best interests and typically encourage maximum involvement and cooperation from both parents, regardless of gender.
It is very rare for a court to completely deny parenting time. Illinois courts presume that a child benefits from having a relationship with both parents. Parenting time is usually only restricted or denied if the court finds that allowing visitation would seriously endanger the child’s physical, moral, mental, or emotional health.
Interference can include physically withholding the child or more subtle acts, like making disparaging remarks to the child about you to discourage visits or consistently scheduling the child’s activities during your designated time without your consent.
Yes. Courts recognize that life circumstances change, and parenting plans can be modified. To change the schedule, you generally need to show that there has been a “substantial change in circumstances” since the last order was entered and that the modification is in the child’s best interests.
Not necessarily. Many parents reach an agreement through negotiation or mediation without a trial. If you are able to resolve disputes amicably, a judge will not need to step in to decide for you.
Please contact our law office in Rolling Meadows for legal assistance with divorce, child custody, or visitation issues. We serve clients in the Chicago metropolitan area who need the help of an experienced and dedicated family law attorney.