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What Are Reasons For Supervised Visitation In Illinois?

If you have been ordered to have supervised visitation in Illinois, someone must monitor you when you visit your child. Sometimes, the chaperone can be a parent or friend. In other cases, it can be a social worker or someone you must pay for the service.

Supervised visitation means you are not allowed to be with the child alone. If the family court finds out you were with the child without supervision, it could end your visitation rights. Learn below why supervised visitation is ordered in Illinois, then contact Naperville child custody lawyers at Keller Legal Services for assistance.

Why Is Supervised Visitation Ordered?

Under Illinois law, your parenting time after divorce will not be supervised unless the family court finds you are an endangerment to the child. To get a supervised visitation order in Illinois, the parent requesting it has a high burden of proof to show the visitation endangers the child’s mental, physical, or emotional health. This is difficult to prove and is only granted in limited circumstances.

The family court judge decides on supervised visitation after hearing evidence and determining whether the parent can parent the child safely. If supervised visitation is ordered, parenting is done in a controlled setting to ensure the child’s safety. For example, you may meet your child and the supervisor in a parking or restaurant.

Why Agreeing To Supervision May Be Unwise

If the court orders supervised visitation, you have no choice in the matter; it is the only way you can see your children. However, a parent may agree to supervised visitation unnecessarily, which often causes stress and grief. In this situation, the other parent did not have to prove you were a danger to the child. So, you should not agree to it.

However, some cases have supervised visitation as the only option. For example, the other spouse may tell you the supervised setting is only for the short term. However, Naperville supervised visitation attorneys say you should not believe this. It almost always takes years to get rid of the order.

This could be the case even if the other side did not prove anything bad about you. But the judge will assume the supervised parenting situation is because of bad things you have done. Ensure that you do not agree to supervised visitation unless it is essential to see your child.

How Long Does Supervised Visitation Last?

The family court decides how long supervised visitation lasts. It may be ‘temporary’ while the guardian ad litem looks into the issue. But even a ‘short’ order can take months to eliminate. So, attorneys say, you should not agree in most cases to accept this situation. A common situation is where there is a temporary supervised visitation order that lasts six months or a year. When the period expires, the other parent alters the custody agreement because they had the children for that long.

Who Can Be A Visitation Supervisor?

If you are fortunate, having a family member or close friend oversee visitation is possible. When there is family in the area, you will not have to pay for supervision. Otherwise, you need to hire a qualified person to do it.

If you are the parent who wanted your ex supervised, it is essential to make sure the supervisor looks out for your child’s interests and not the parent’s. The supervisor promises to oversee the child, and if it is determined they are not overseeing the child, the court can remove visitation rights.

What Actions Lead To A Supervised Visitation Order?

  • Situations in Illinois that may lead to a supervised visitation order are:
  • Emotional, sexual, or physical abuse occurred between the parent and child
  • Alcohol or drug abuse
  • Mental illness occurs if the person is not complying with medical treatments
  • Kidnapping the child or hiding him from the other person
  • Child neglect
  • The parent is dating someone who is a risk to the child

How To Eliminate A Supervised Visitation Order

You must comply with the parenting order. First, be sure you are always on time for your parenting sessions and that they end on time. Next, avoid any negative behaviors that led to the order in the first place. For example, many parents have alcohol or drug problems. Get in a treatment program and abstain from those substances. It helps to show the judge that you are in treatment and taking steps to correct the problem.

If you need to pay someone to supervise the sessions, be polite to the person. They will probably report your interactions with your children to the family court. Remember that the situation is not the supervisor’s fault, and being rude only hurts your case.

It is difficult to get rid of a supervised visitation order in Illinois, and it will be difficult to do on your own. As a result, most parents with a supervision order turn to a qualified attorney to help them. While there is an expense involved in hiring a lawyer, most parents find it worth the cost so they can parent their children without supervision.

Illinois Supervised Visitation Frequently Asked Questions

What is supervised visitation?

Supervised visitation is when a third party is present during a parent’s visitation with their child to ensure the child’s safety and well-being. This is often ordered by the court when there are concerns about the child’s safety with the visiting parent.

Why might supervised visitation be ordered?

Supervised visitation may be ordered if there are concerns about the child’s physical, mental, moral, or emotional health. This can include situations where the parent has a history of abuse, violence, or substance abuse, or has had little to no contact with the child.

Who can supervise the visitation?

The supervisor can be a relative, friend, professional representative of a public or private agency, a certified or court-appointed child visitation supervisor, or clergy. The supervisor’s role is to observe the interactions and ensure they are safe and appropriate.

How long does supervised visitation last?

The duration of supervised visitation can vary depending on the court order and the specific circumstances of the case. It can be temporary or last until the court determines that unsupervised visitation is safe.

Can supervised visitation be ended?

Yes, supervised visitation can be ended if the court determines that the parent is no longer a risk to the child’s safety and a healthy bond has been established. The parent under the supervision order can petition the court to end the supervision.

What are the challenges of supervised visitation?

Supervised visitation can be challenging for the parent financially, logistically, and emotionally. Professional supervisors charge for their time, and scheduling can be difficult. Additionally, friends or family members who volunteer may not provide reports to the court, which can hinder the parent’s ability to petition for the removal of the order.

What happens during a supervised visitation session?

During a supervised visitation session, the supervisor observes the interactions between the parent and child to ensure they are safe and appropriate. The supervisor may also ensure that any visitation guidelines set by the court or agreed to by the parents are followed.

Contact Naperville Visitation Lawyers Now

Supervised visitation is challenging for you and your family. You should not enter a supervised visitation arrangement unless there is no other option. Supervised visitation s rent because it can take years to get rid of the order, it is recommended to have your parents serve as the supervisor; this will avoid compensating a visitation supervisor. This lets you see the child more and avoids financial problems by paying for a supervisor.

Note that the family court will not order supervised visitation unless they see you as a danger to the child. So, obtaining qualified legal advice from a Naperville visitation lawyer is essential to determine your best options. Please contact Keller Legal Services today to discuss supervised visitation and other common divorce subjects.

Our Naperville divorce attorneys also represent clients in Elmhurst, Downers Grove, Aurora, Wheaton, Woodridge, Geneva, Elgin, Glen Ellyn, Orland Park, Joliet, and Tinley Park.

(Updated 11/14/2024)