Chicago Visitation Attorneys
Help with Visitation and Child Custody Throughout Illinois
Adjusting to life after divorce is challenging. Living arrangements change and new homes are established. At the law office of Anderson & Associates, P.C. in Chicago, Illinois, we help you make sound decisions for the placement and well-being of your children. In child custody matters, we employ vast family law expertise and share great concern for families, regardless of where each member resides. We seek amicable solutions, but if we must handle the issues in court our attorneys are formidable representatives.
Understanding Custody and Visitation
While each familial situation dictates exceptions, there are basically two options for child custody:
- Sole custody – one parent has custody; the children reside with the custodial parent and that parent holds authority for making decisions for major life issues
- Joint custody – both parents have custody and have equal decision-making authority; the children reside mainly with one parent; the other parent has visitation
What is Visitation?
Visitation allows the noncustodial parent defined periods to spend time with their children. Those visits may be for a few hours or days as agreed by both parties. Illinois laws (750 ILCS 5/607) allow for in-person visitation and under some circumstances, electronic communication as approved by the court.
Visitation Rights
Visitation rights are available to biological parents, but are also available to extended family such as grandparents, siblings and even stepparents. Although visitation is a right protected by law, it may be denied or restricted for several reasons including:
- Physical, mental, moral or emotional endangerment of a child
- Termination of parental rights of a biological parent
- Violation of the terms of the visitation agreement
Unless the best interest of a child is being compromised, the custodial parent cannot refuse visitation. Personal disputes, disagreements about parenting or child support are not valid reasons to refuse visitation. If your child can clearly communicate their feelings about spending more or less time with a noncustodial parent, you may want to consider a post decree modification to make changes that reflect your current reality. If you feel that your child is at risk or that you are wrongly being kept away from your child, you need knowledgeable visitation attorneys to help protect your rights and the rights of your children.
Illinois laws govern child removal for those with sole and joint custody since it may greatly impact visitation for the noncustodial parent. Removal is the relocation of the custodial parent and child outside of the state of Illinois. The state requires the relocating parent to justify the move before granting or denying the decision. Some parties agree to relocation terms as part of a divorce and may not be subject to justification. If you need help protecting visitation rights in light of a possible removal, seek the guidance of the attorneys at our firm.
If you have questions about visitation, contact us to schedule a free consultation to learn how we can assist you. From our conveniently located downtown Chicago office as well as three other regional offices, we serve clients throughout the Chicago area.